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07-08-86 JULY 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, July 8, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird (Arrived 7:08 P.M.) 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 Dr. William S. Echols, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for agenda approval, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - 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. 38-86 - Culverhouse Annexation. Ordinance No. 38-86, relative to annexing a 0.57'-acre parcel, subject to R-lA (Single Family) zoning district, located on the east side of Palm Trail, between N.E. 8th Street and Witherspoon Lane, is before Council for considera- tion 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. 38-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 4, FIRST ADDITION TO KENMONT, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 22, PAGE 24, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF PALM TRAIL, BETWEEN N.E. 8TH STREET AND WITHERSPOON LANE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SUCH LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 38-86 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. Mrs. Horenburger moved for the adoption of Ordinance No. 38-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. 6. Ordinance No. 39-86 - Bill Wallace Ford Annexation. Ordinance No. 39-86, annexing a 1.62-acre parcel, subject to SC (Specialized Commercial) District, located at the southeast corner of Germantown Road and Queens Avenue, 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. 39-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 16 THROUGH 21, INCLUSIVE, SANDS O' SEA, A SUBDIVISION IN THE COUNTY OF PALM BEACH, FLORIDA, ACCORDING TO THE PLAT THEREOF IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 27, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTH- EAST CORNER OF GERMANTOWN ROAD AND QUEENS AVENUE; REDE- FINING 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. 39-86 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. Mrs. Horenburger moved for the adoption of Ordinance No. 39-86 on Second and FINAL Reading. Said motion FAILED for lack of a second. Note: Ordinance No. 39-86 recalled later in the meeting and the motion to recall passed 3 yes, 1 no and 1 abstain. Item 17.a.10. - motion made and seconded to pass Ordinance No. 39-86 on Second and FINAL Reading. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. 7. Ordinance No. 40-86 - Zakos Annexation. Ordinance No. 40-86, relative to annexing a 0.35-acre parcel, subject to R-1AA (Single Family Dwelling) District, located on the north side of Lake Shore Drive, between N.W. 6th Avenue and N.W. 8th Avenue, 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. 40-86: 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 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF LAKE SHORE DRIVE, BETWEEN N.W. 6TH AVENUE AND N.W. 8TH AVENUE; 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. 40-86 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. -2- 7/8/86 Mrs. Horenburger moved for the adoption of Ordinance No. 40-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 0 vote. Mr. Bird arrived at this time. Mayor Campbell returned to the Council Chambers at this time. 8. Ordinance No. 42-86 - Amending Zoning Code - Towing Services and Attendant Storage Facilities. Ordinance No. 42-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of towing services and attendant storage facilities, supplementary regula- tions and inclusion as a conditional use in the LI (Light Industrial) and MI (Medium Industrial) Districts, is before Council for considera- tion 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. 42-86: 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 30-1 "DEFINITIONS" BY ADDING A DEFINITION OF TOWING SERVICES AND ATTENDANT STORAGE FACILITIES; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULA- TIONS'' BY ENACTING A NEW SUBSECTION (W) "TOWING SERVICES AND ATTENDANT STORAGE FACILITIES", PROVIDING PARKING, SCREENING AND LANDSCAPING; AMENDING SECTION 30-14 "LI (LIGHT INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" AND SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT" , (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "TOWING SERVICES AND ATTENDANT STORAGE FACILITIES, SUBJECT TO SEC. 30-17 (W); AMENDING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (B) "PERMITTED USES" TO DELETE "AUTOMOBILE AND PARTS FACILITIES OR YARDS, EXCLUDING NEW OR USED CAR SALES"; AMENDING SECTION 30-1 "DEFINITIONS" TO DELETE "USED CAR JUNKYARD"; AMENDING SECTION 30-1 "DEFINITIONS" BY ADDING A DEFINITION OF JUNKYARD; AMEND- ING SECTION 30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "JUNK- YARDS, SUBJECT TO CHAPTER 14, ARTICLE II, CITY CODE OF ORDINANCES"; PROVIDING A GENERAL REPEALER CLAUSE; PROVID- ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Lawrence Zuccala, 220 N. Congress Avenue, stated he was at the last meeting when they discussed some of the changes the towing services would like to see. However, they are still finding some problems in that they have not been invited to any discussions on what needs to be added or deleted to some of the regulations. Mayor Campbell suggested that Mr. Zuccala sit down with the City Manager and Mr. Cohn, Planning Director, and try to work out the details. Council will be more than happy to respond to any reasonable request. Mr. Alan Nobb, 1945 Dixie Highway, Mr. D's Towing and Recovery, questioned if Council passes this ordinance tonight would they have any recourse. Mayor Campbell stated that they could pass this over to the next meeting; however, he feels it is incumbent upon the towing services to get with staff and define what they want changed as he does not have a clear idea of what their complaints are. -3- 7/8/86 Mrs. Horenburger moved to continue the public hearing and Second and FINAL Reading of Ordinance No. 42-86 to the July 22nd meeting at 7:00 P.M. in the Council Chambers, 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. 9. Ordinance No. 46-86 - Amending Code - Code Enforcement Board. Ordinance No. 46-86, amending Chapter 2 "Administration" of the Code of Ordinances to amend the City's current Code Enforcement Board provisions to comply with legislation which has. been enacted by the Florida Legis- lature, 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. 46-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE VI, "CODES ENFORCEMENT", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-101, "LEGISLATIVE INTENT", TO PROVIDE THAT THE CODES SHALL BE ENFORCED AGAINST VIOLATIONS WHICH ARE NOT CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION 2-102, "APPLICABILITY", TO PROVIDE THAT THE CODE ENFORCEMENT BOARD SHALL HAVE JURISDICTION TO HEAR CASES INVOLVING ALLEGED VIOLATIONS WHICH ARE NOT CRIMINAL IN NATURE AND WHERE A PENDING OR REPEATED VIOLATION CONTINUES TO EXIST; BY AMENDING SECTION 2-117, "DECISIONS AND ENFORCEMENT ORDERS", TO PROVIDE THAT AN APPEAL SHALL NOT BE A HEARING DE NOVO, BUT SHALL BE LIMITED TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE CODE ENFORCEMENT BOARD; AND BY AMENDING SECTION 2-118, "FINES FOR NONCOMPLIANCE WITH ORDERS", TO INCLUDE THAT THOSE VIOLATORS WHO REPEAT THE SAME VIOLATIONS MAY BE ORDERED TO PAY A FINE NOT TO EXCEED $250.00 PER DAY FOR EACH DAY THE VIOLATION CONTIN- UES PAST THE DATE SET FOR COMPLIANCE, TO CHANGE THE TIME TO FORECLOSE UPON A LIEN FROM ONE YEAR TO SIX MONTHS FROM THE FILING OF ANY SUCH LIEN WHICH REMAINS UNPAID, AND TO PROVIDE THAT NO LIEN MAY BE FORECLOSED ON REAL PROPERTY WHICH IS A HOMESTEAD AS DEFINED IN ARTICLE X, SECTION 4 OF THE STATE CONSTITUTION; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 46-86 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. Mrs. Horenburger moved for the adoption of Ordinance No. 46-86 on Second and FINAL Reading, 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. 6. Mayor Campbell stated he understands that Item 6 failed for lack of a second and he and Mr. Bird apologize for being absent then. Mr. Bird moved that Item 6 be recalled, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Abstained; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a vote of 3 yes, 1 no and 1 abstain. Before roll call the following discussion was had: Mr. Dougherty questioned by whose rules are they working on. Mr. Bird advised they are Roberts Rules. Upon question, the City Attorney stated he believed a motion to recall to the floor a motion -4- 7/8/86 which died for lack of a second is proper by someone who was not pre- sent. Mr. Dougherty stated he would like to see that. Mrs. Horenburger requested that someone go and get a copy of Roberts Rules and will abstain from voting until she finds out if they can do this motion or not. At this point the roll was called to the motion. The City Attorney advised that there is another solution to this problem. It is always appropriate, in any parliamentarian aspect, to make a motion to waive the Rules; they could then redo the motion. Mr. Bird suggested they postpone 'this item for consideration at this time and he will bring it up under Non-Agenda items by Council. Mayor Campbell advised the next five items are hearings on Land Use Plan Amendments and Rezonings. This is a new procedure, pursuant to State Law, that the City is having to go through. When a city makes a change to their Land Use Plan they have to pass on their intent to Tallahassee for consideration before it comes back to the city. There is the possibility that there will be four more hearings before the amendments are final. 10. Public hearing on Land Use Plan Amendment and Rezoninq - Delray Town Center/Delray Town Center Executive Plaza. Council is to consider amendment to the Land Use Plan for a 20-acre parcel from SF (Single Family) to C (Commercial) and rezoning of the westerly 10 acres (Delray Town Center) from R-1AA (Single Family Dwelling) District to GC (General Commercial) District, and rezoning of the easterly 10 acres (Delray Town Center Executive Plaza) from R-1AA (Single Family Dwelling) District to POC (Planned Office Center) District. The property is located at the northeast corner of Linton Boulevard and Military Trail. The Planning and Zoning Board recommends denial and the Planning Director recommends approval with conditions. Mr. Robert Cohn, Planning Director, advised the Planning and Zoning Board held a public hearing on this amendment and is recommending denial by a vote of 4-3. However, the Planning Department staff is recommending approval, subject to conditions primarily relating to traffic considerations. They are also suggesting that the easterly half of the property be designated office rather than commercial and recom- mending that the westerly half be zoned LC (Limited Commercial) rather than GC (General Commercial). The applicant has agreed to all the Planning Department's amended conditions. Dr. Schaff, Hector Morales, Esther O'Keefe, Elaine Roberts and Ellen Muller spoke in opposition of the proposed land use plan amendment citing over-commercialization, lack of people leasing the existing stores and water pressure. They feel the land should be used for homes not more office space. Arthur Gendrall, Shadywoods Homeowners Association, spoke in favor of the amendment and stated that the proposed project is possibly one of the best they could get at this time. They do not want to see multi-family residences in the area as it would lower the value of their homes. Ron Jones, representing Mr. Gerry Holland, a land owner to the south of this property, also spoke in favor of the amendment. He stated the City would be overlooking a great opportunity in not encouraging a developer of such high quality in pursuing this development. Mr. William Boos, representing the petitioner, made a presenta- tion and discussed the merits of the ~proposed project. He referred to the Land Use Policy Guide and advised that the recommendations made by staff have been met. He introduced Carole Thompson, Urban Design Studio, who prepared the market study and Kayhart Pender, David Plummer & Associates, who prepared the traffic study. Each gave a brief presen- tation on how they prepared their studies and the results achieved. Mr. Weatherspoon moved to accept the Land Use Plan Amendment and Rezoning for Delray Town Center/Delray Town Center Executive Plaza, -5- 7/8/86 subject to the conditions stipulated by the Planning Department's memo of July 17, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. The City Attorney advised essentially the motion is to instruct staff to submit the application to the Department of Community Affairs (DCA) . Before roll call the following discussion was had: Mr. Weatherspoon stated it is his understanding that it takes from one year to eighteen months to really occupy a particular complex. With regard to water pressure, the City is currently under Phase 1 of the Master Plan in which they are addressing the water pressure through- out the entire City. The developer has worked very closely with the neighboring residents to satisfy their concerns and he feels this is something they should take into consideration. Mrs. Horenburger stated she has a concern with this petition. While there has been a market study done with regard to this type of use she feels the area is over-saturated. She is also concerned about the traffic in the area and would not be in favor of the petition at this time. Mayor Campbell stated if this project is finally approved he would like to see some additional restrictions placed on the property so that there could be some specific controls placed on the ultimate use and development. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 8:17 P.M. The meeting was reconvened at 8:20 P.M. 11. Public Hearing on Land Use Plan Amendment and Rezoning - Linton Lakes. Council is to consider amendment to the Land Use Plan for a 57.71-acre parcel from PRD-10 (Planned Residential, 10 dwelling units/acre) to POC (Planned Office Center). The property is located at the southwest corner of Linton Boulevard and Congress Avenue. The Planning and Zoning Board and Planning Director recommend approval with conditions. Mr. Cohn advised that the original application proposed con- struction of 442,000 square feet of office space. The developer had previously obtained a binding letter of interpretation in regard to DRI status on the project and DCA issued that binding letter indicating that this project was not a DRI. The Planning and Zoning Board in consider- ing this request was concerned about the potential impact of this project in the transportation network, particularly Congress Avenue, Linton Boulevard and 1-95. They were also concerned about the interface between this project and surrounding residential uses, particularly to the west as well as to the north and southwest. As a condition of the P&Z Board, a very comprehensive traffic impact analysis was prepared for the area. As a result of that analysis, and further discussions regard- ing the level of impact to the surrounding area from the amount of office space they were proposing, and because of the input Minto Build- ers were receiving from the residents, the applicants have amended their application to limit the amount of office space to no more than 325,000 square feet. They are also proposing to construct, as a buffer, up to 200 residential suites and/or multi-family units to be located on west, north and south sides of the lake. Therefore, the Planning Department is recommending approval subject to the 11 conditions listed in their memorandum of July 3rd. Mr. Henry Handler, representing Minto Builders, stated that this project comes before Council with approval from both the P&Z Board and staff. He feels Linton Lakes has earned such approval because it represents good planning, economic and tax benefits to Delray Beach and compromise with neighboring communities. Mr. Handler gave a presenta- tion on the proposed use of the property. -6- 7/8/86 Mr. Sigmund Goodwin, 2025 S.W. 35th Avenue, spoke in opposition of the project and stated he feels it is time for the City to have a little longer range view towards these requests for rezoning. Mr. Ralph Lowe, Abbey Delray South, stated that he feels growth pays the cost of progress. He feels this project is the best use of the property and will succeed, whereas, putting in single family dwellings would not and it should be approved. Mr. Handler stated, with regard to the concern of the use of the residential components, that a conditional use allowed by the POC zoning is called residential suite. Minto will maintain ownership of the property and enter into either long term or short term leases. Mr. Dougherty moved to instruct staff to submit the application to the Department of Community Affairs, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon advised that one of the conditions states that the commercial property will not have access to Germantown Road. However, that road is currently being used by the residents in that area and he feels that, feasibly, a traffic light could be placed there and not further down the road. Mr. Cohn stated that because of the concerns that the residents and the P&Z Board had with regard to access to Germantown Road, the original recommendation was to restrict access entirely. Minto's suggestion was that when they do site plans it may be appropriate to allow some access to the residential portion to the west. At that time they would study the need for a signal and any other improvements which may be needed. He is concerned about traffic which may travel west on Germantown Road to Linton Boulevard and the inadequacy of Germantown Road and the bridge across the E-4 Canal. Mrs. Horenburger stated she approves of the concept of this project; however, she has some serious concerns, the primary one being traffic. She will reserve her vote for a time when she is assured that traffic considerations are in place. Mr. Dougherty stated he is inclined to favor the access on Germantown Road for the residential area. However, they do have to address the bridge situation as it is a single lane bridge and can be dangerous. At this point the roll was called to the motion. Mayor Campbell declared a recess the time being 8:53 P.M. The meeting was reconvened at 8:58 P.M. 12. Public Hearing on Land Use Plan Amendment and Rezoning - Delray Beach Housing Authority. Council is to consider amendment to the Land Use Plan for a 15-acre parcel from SF (Single Family), in part, and R (Recreation and Open Space), in part, to RM (Residential Medium to Medium High Density), with a limitation of seven dwelling units per acre, and rezoning from R-lA (Single Family Dwelling) District to RM (Medium to Medium High Density Dwelling) District, with a cap of seven units per acre. The property is located west of S.W. 10th Avenue, between the Carver Estates development and S.W. 6th Street. The Plan- ning and Zoning Board and Planning Director recommend approval. Mr. Bird moved to instruct staff to submit the application to the Department of Community Affairs, 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. 13. Public Hearing on Land Use Plan Amendment and Rezoning - Delray Beach Railroad Depot Company. Council is to consider amendment to the -7- 7/8/86 Land Use Plan for a 1.66-acre parcel from I (Industrial) to C (Commer- cial), and rezoning from MI (Medium Industrial) District to GC (General Commercial) District. The property is located north of West Atlantic Avenue, between 1-95 and the Seaboard Air Line Railroad. The Planning and Zoning Board and Planning Director recommend approval. Mrs. Horenburger moved to instruct staff to submit the applica- tion to the Department of Community Affairs, 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. Before roll call the following discussion was had: Upon question, Mr. Cohn advised it is his understanding that they are proposing a mixture of retail stores and offices and also renovation of the existing depot back to its original condition. Mr. Bird stated his concern is where the traffic access point is going to be and what kind of provisions will they have to get people in and out. Mr. Richard Brautigan, representing the petitioner, stated their primary goal is to restore a building which is part of Delray's historic fabric; they are not looking to develop specialty shops and restaurants yet. They are looking into accessibility in the form of a new crossing between the junkyard and the feed store. There is a 40 foot right-of-way where N.W. 1st street abuts the railroad right-of-way and they have started discussions with the railroad and the City. At this point the roll was called to the motion. 14. Public Hearing on Land Use Plan Amendment and Rezoning - Wiebelt. Council is to consider amendment to the Land Use Plan for a 0.85-acre parcel from MF-15 (Multiple Family - 15 units/acre) to C (Commercial), and rezoning from RM-15 (Multiple Family Dwelling) Dis- trict to SC (Specialized Commercial) District. The property is located on the west side of Florida Boulevard, between Avenue "E" and Avenue "C". The Planning and Zoning Board and Planning Director recommend approval, subject to conditions. Mr. Cohn stated this property is located immediately east of the Delray Plaza which is designated Commercial and has an SC zoning on it. This particular parcel is owned by the same property owner and has a conditional use approval for parking. The owner has applied for a land use change to Commercial with SC zoning to match the existing property and is proposing an accessory storage building to the shopping center. The P&Z Board and Planning Department are recommending the amendment subject to three conditions which address restricting accessi- bility to Florida Boulevard, installation of a landscaping and a wall to match the uses to the south, and a Unity of Title. Mrs. Horenburger moved to instruct staff to submit the applica- tion to the Department of Community Affairs, 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. Before roll call the following discussion was had: Mr. Bird stated that as a land use item he can understand wanting to restrict access to a thoroughfare; however, landscaping and a wall hardly seem like a land use issue. Mr. Cohn stated there were concerns expressed by adjacent residents. Upon question, the City Attorney advised that the landscaping would not be a condition of approval. Mr. Bird stated they will really deal with that issue as a site plan issue subsequent to the land use approval. Mr. Cohn suggested that Council delete that condition at this time. Upon question by Mr. Dougherty, Mayor Campbell stated that a site plan procedure is required before a building permit is issued. The site plan is incorporated in the rezoning itself, specifying and limit- ing the uses and the design. If there is any deviation from what was presented there would have to be a complete rehearing. Mr. Dougherty -8- 7/8/86 stated that he feels if someone is asking for a rezoning they should state what they are going to put on the property. Mr. Bird clarified that the motion is to forward the applica- tion to the DCA; however, the restrictions are not part of the motion. At this point the roll was called to the motion. 15. Public Hearing on FY85/86 Community Development Block Grant Program Amendment. Council is to consider amendment to the FY85/86 CDBG Program by transferring $40,000 from the Land Development Project to the Housing Rehabilitation. Approval is recommended. The Assistant City Manager advised that some weeks ago Council indicated their intention to transfer $40,000 from the Land Development Project to the Housing Rehabilitation Project. Federal regulations require that a public hearing be held on that transfer. 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 approve the transfer of $40,000 from the Land Development Project to the Housing Rehabilitation Project, 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. Before roll call the following discussion was had: Upon question by Mr. Dougherty, the City Manager stated the justification for the transfer of the funds is that Council determined all they needed for the Land Development Project was $30,000 which is the balance once the $40,000 is taken out. Staff feels that the Housing Rehabilitation Project is going to be the most successful; however, you have to spend the money or it has to be turned back over. Mrs. Horenburger stated she was reading recently about Broward County's housing rehabilitation project and the fact that they not only have the project and funds but they have recently joined forces with the private sector and local developers to help in housing rehabilitation. She would like staff to look into Broward's program to see how they can foster it here in this community. At this point the roll was called to the motion. PROCEDURAL ITEMS 16. Mr. Dougherty noted that the minutes of June 24, 1986, Item 9.a.5., fourth paragraph, line 3, should be changed to read as follows: "... ge~e~e~ gentle persuasion ...". Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of June 24, 1986, as amended, and the Special Meeting of June 17, 1986, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 17.a.1. Mr. Weatherspoon stated, with regard to the fire bombing which occurred about a month ago, that he would like to have an update from the Police Department on their progress in determining the source of that bombing. 17.a.2. Mr. Weatherspoon stated he noticed last weekend that some of the Yaweh people were canvassing the area. He understands that by doing this they are violating the existing City ordinance by going door to door and soliciting. Rather than cause another confrontation he would like to have staff move forward on whatever steps have to be taken to stop this. -9- 7/8/86 Upon question by Mayor Campbell as to whether or not that is a violation, the City Attorney advised that it is. Whether or not the City's ordinance would pass constitutionally is something he would have to look into; however, the law in the City of Delray Beach is that even if you are a charitable solicitor you need to get permission from Council. Mayor Campbell suggested that the City Attorney contact the head of the organization and notify them that almost all other religious and charitable organizations, in conducting solicitation drives, for- mally get approval from Council prior to doing so. 17.a.3. Mr. Weatherspoon stated that several months ago Council ap- proved $3,000 to board up a house at 418 S.W. 5th Avenue. To date that house has not been boarded up and is being used by undesirables. The neighbors in the area would like to see it taken care of as soon as possible. 17.a.4. Mr. Weatherspoon advised he is chairing a Chamber of Commerce committee to find out what it would cost to extend the flags westward along Atlantic Avenue. Once they find out the costs and purchase the flags they would like to target Labor Day as the time frame to have them up. The City's staff would take the necessary steps to put the addi- tional flags up and store them as they are doing with the existing ones. 17.a.5. Mr. Weatherspoon advised that the 2 cent gas tax was passed by the County Commissioners today and will go into effect in September. 17.a.6. Mrs. Horenburger recognized Mr. Murray Heimowitz from the Jewish War Veterans and advised that they have requested that they be allowed to put a monument in Veterans Park honoring their veterans. The monument will be approximately six feet tall, three or four feet wide and ten to twelve inches deep and facing east. She is asking that Council approve this in concept before they order the monument. It will not be ready until October or November by which time the plan for the Park will be completed. It was the consensus of Council to agree to the concept. 17.a.7. Mrs. Horenburger stated that last week she met with Mayor Sam Thomas from West Palm Beach. They discussed the common problem in the two cities of drug trafficking and the possibility of getting together with other cities in the County who have the problem to address some of the issues related to drug traffic which they have no control of. Some of those problems are the manpower in the drug enforcement administra- tion and what the State is doing. They would like to meet with drug enforcement agency officials as well as local officials and get a Countywide effort to combat this problem. 17.a.8. Mrs. Horenburger stated she would like either a consensus of Council or a resolution clarifying their position regarding the County Planning Council which is being proposed for the ballot. The way it is currently worded the Municipal League shall make the appointments for the three largest cities. She feels they need to make it clear to the County Commission, and the committee studying this, that the three largest cities would like to be able to make their own appointments to the Planning Council. Mr. Bird suggested that they draft a resolution so that every- one will understand the intent and send copies to Delray's two sister cities who will be participating in this. Mrs. Horenburger suggested they direct the Mayor to write a letter instead of a resolution as it would take two weeks to be adopted. It was the consensus of Council that Mayor Campbell write a letter. 17.a.9. Mr. Bird stated that it is his recollection that around the end of last year Council had made an expression of intent that those proper- ties east of Germantown Road along Linton Boulevard, which were develop- ing under POI would continue to develop under those provisions. This was despite the fact that it was Council's intention to rezone from POI to POC for land mass size requirements. It was his understanding at that -10- 7/8/86 time that the work the developers had already undergone would continue to be acceptable. They had asked them to hold off on site plan approv- als pending the rezoning so that they would be in the appropriate cat- egories. The developers are now ready; however, the money which was spent in reliance upon the POI zoning is now apparently going to be wasted if they have to go back and meet the POC requirements. Mrs. Horenburger stated that the ordinance, as written, is clear and either it is followed or it is not. She is not sure where the exact problem lies other than with the developer and his plans. Mr. Bird stated he is not sure the ordinance needs to be changed; his question is that when Council specifically exempted some properties, was it their intention to exempt Garfield, Tradewinds and the property on S.W. 4th Avenue. They were exempted from lot size but he would like to know what else was intended when they exempted those properties. Mr. Bird asked that staff research the minutes to see if they can find Council's intent. If it is not clear, then perhaps Mr. Garfield should go through a process; if it is clear, then Council should reaffirm their position. 17.a.10. Mr. Bird stated, with regard to Item 6, that after reviewing Roberts Rules it appears that an action taken by Council at a public meeting is still always available to be recalled by those Council members who were not present. Mr. Bird moved that Ordinance No. 39-86 be passed on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mrs. Horenburger stated she has a concern with the enormous sign which is located on the southwest corner of this property. She would like to see the sign removed and replaced with a smaller one. Mr. Bird advised that neither the property nor the sign belongs to Mr. Wallace who is the applicant; however, he is trying to obtain the land and, if he does, would probably be amenable to Mrs. Horenburger's request. Mrs. Horenburger stated she is not very happy with the sign and would not vote on anything for Mr. Wallace at this point until the sign comes down. Mayor Campbell stated that it should also be urged that Mr. Wallace do something to clean up the lot with regard to illegal parking. At this point the roll was called to the motion. Mr. Bird stated, for the record, that the action just taken only brings in a piece of land which is currently a pocket and had nothing to do with zoning or land use determinations. 17.a.ll. Mr. Bird stated that due to some time constraints on his time he has found it difficult to attend the South County Council of Govern- ments meetings. He asked that he be relieved of that responsibility and Council assign someone else. Mr. Bird moved that Mr. Dougherty be assigned as a primary member to the South County Council of Governments, 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.a.12. Mr. Dougherty stated that in a regular meeting in June it was the consensus of Council that Mayor Campbell would designate a committee for negotiations with the County on the courthouse. He questioned if Mayor Campbell intends to appoint a committee, has he appointed a committee and if so, who has been appointed. Mayor Campbell stated the committee consists of himself, Mr. Lynch or Mr. Stowe from the Community Redevelopment Agency, the City -11- 7/8/86 Attorney and Mr. Simback. Mr. Dougherty stated he would like Council to have a special workshop meeting to discuss the planning and policy with regard to the courthouse. There are many people who want to know exactly what policy Council has and what position they are going to take with the County on all the issues which have been raised so far and those yet to come. Upon question by Mayor Campbell, the City Attorney advised that he is going on vacation and will return on July 22nd. Mayor Campbell suggested that when the City Attorney gets back on the 22nd they look at the calendar and, as soon thereafter, schedule a meeting. Mr. Dougherty questioned if it is agreed also that there will be no further meetings with the County until such a meeting is held. Mayor Campbell stated he feels it is appropriate that if the County has additional information to relay to Council then they get as much information to bring to their meeting. Mr. Weatherspoon stated that on July 29th there will be a special workshop meeting to discuss the Police Department. He feels that they could also include this item. Mayor Campbell stated he would rather not dilute that meeting and they will have another meeting after the 22nd. 17.a.13. Mr. Dougherty stated, with regard to the Golf Course survey and investigation, that it is his understanding that the City Attorney initiated such a survey and he would like to see a report on that. The City Attorney advised the forms they had been working on to be signed by people giving specific incidents were not finalized nor distributed based on his direction from Council Members that it was not their intent to go that path. Upon question by Mayor Campbell, the City Attorney clarified that he was informed by the persons who discussed the issue and made the direction that it was inappropriate, not Council's intent and that what they were doing was beyond that scope. The intent was for his office to analyze and scrutinize the agreement and to provide Council with a response based upon the information they then had at hand; not to go out and seek or obtain additional items or testimony. Mayor Campbell stated that if Mr. Dougherty wishes to discuss this further that he place it on a workshop agenda. Also, he should define the course of action that he sees Council needs to follow. 17.a.14. Mr. Dougherty stated that High Point Section 7 is having a problem with their water pressure. He questioned if the operation of the distribution system is being operated properly; the last two com- plaints he had were about the pressure between the hours of 12:00 a.m. and 1:00 a.m. The City Manager advised he will have the City's consulting engineers look into this. 17.a.15. Mayor Campbell stated he attended the last Municipal League meeting and the proposed Planning Council format, as presented to the County Commission from the Task Force, was found to be a superseding body rather than creating a document and body which would be an ar- bitrator. He does not feel that we, as a community, intended to give up our inherent zoning rights to a County organization, especially when there is no guarantee that they might have a seat. He has asked that Mr. Cohn furnish a copy of those documents to Council and, if they wish to discuss it further, they can do so at the workshop meeting on Tues- day. Mrs. Horenburger stated she would like to discuss the Planning Council further and will advise the City Manager to place it on the agenda. Mr. Bird requested they get a legal opinion from the City Attorney. Mayor Campbell advised that the City Attorney is going to be contacted by Mr. Nicoletti, who has been retained by the Municipal League as advisor, requesting that he look at this closely. Mr. Nicoletti has advised that there are certain serious legal ramifications -12- 7/8/86 the way it has been adopted. Mayor Campbell stated he would have serious consideration whether or not there is appropriate notice under constitutional requirements the way it has been structured to appear on the ballot. 17.a.16. Mayor Campbell stated, with regard to the Housing Authority, that the law, as it currently exists, requires that Council either have a resident, or someone who is participating in a program being admin- istered by the Housing Authority, on that Board. They do not have such a person on there and, rather than dismiss anyone, he thought it would be more appropriate that they appoint a new person. That would make six members and to round it out more appropriately to have seven members, and additional input from the community, he would like to make a recom- mendation that they expand it from five to seven members. He would like Council to consider the appointments of Mr. David Hornsby, a resident of Carver Estates, and Mr. Michael Plum, who has been active in several organizations and boards in the City. Mrs. Horenburger moved to approve the names as submitted by Mayor Campbell, 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.a.17. Mayor Campbell stated that they have been discussing Atlantic Avenue and the parking. He would like to bring this up at the next workshop meeting and asked that each Council Member think about the problem and what they are going to be doing with regard to (1) the illegal parking and use of lots as illegal parking and (2) the ramifica- tion of that which will be that if they theoretically close the lots or restrict them it could adversely affect some of the commercial develop- ment. 17.a.18. Mayor Campbell stated, for Council's consideration, that he would like to get some information on the long-term spacial needs at City Hall. He finds it very disturbing that when he comes to the building he does not have a telephone to use. They have also talked briefly about carpeting the Council Chambers. He feels it may be appropriate to consider another Council Chamber, a room physically detached from this building. There is no reason to have this entire building open to the public for meetings and it may be more commodious to have a building adjacent to City Hall. He is not asking for a consensus, only that Council think about this. 17.a.19. Mayor Campbell presented a proclamation proclaiming July 20-26, 1986, as "Fight Against Muscular Dystrophy Week". 17.b.1. The City Attorney advised that Council has been furnished, a week in advance, a memo in response to Council's inquiries concerning the Impact Fees on the proposed Capital Improvement Projects for the Beach Area. 17.b.2. The City Attorney stated that approximately one year ago Council authorized the sale, by Quit-Claim deed, of a parcel of property to Durante-Strock, Inc. The City could not find the Title to this property; however, Mrs. Durante was willing to purchase it by Quit-Claim deed. Durante-Strock, Inc., are in the process of attempting to perfect Title to remove a claim against the title by a particular individual. What they need from the City, as grantor on the Quit-Claim Deed, is permission to institute a Quiet Title action. Council has been fur- nished a proposed letter and what he would need is for Council to ratify the sending of this letter to give Durante-Strock, Inc., permission to institute a Quiet Title action with regard to Lot 24, Block A, Westside Heights. Mr. Bird moved to ratify the letter as advised by the City Attorney, 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. -13- 7/8/86 Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. 17.c.1. The City Manager requested that Item 25 be postponed until the July 22nd Council meeting. 17.c.2. The City Manager reported that they have finally hired a contractor to tint the windows in the Council Chambers and the work is scheduled to be done on July 14th. 17.c.3. The City Manager stated that on July 14th the downtown one-way pair system will be opened. 17.c.4. The City Manager advised he was going to address the same issue as the City Attorney with regard to the financing of the Capital Im- provements for the beach area. If Council wishes they could place this on the workshop agenda as there are some very specific items. Upon question, the City Manager stated that the letter from the City Attorney basically states that the shelters, benches, road paving and walkways would be eligible under the Impact Fees; the other items would come from the Erosion Control. Council had requested that the City Attorney make a ruling on this and it is up to Council when they want to bring it back or move forward on the project. Upon question by Mr. Dougherty, the City Manager advised there are sufficient funds in the Recreational Impact Fees for the four items referenced; the rest of the project would be financed from interest on the Beach Restoration Fund. Mr. Bird moved to authorize the Administration to undertake appropriate action to do the improvements, with the source of funding as indicated, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 17.c.4. The City Manager stated that at the last workshop meeting Council discussed the garbage pickup service at the Imperial Villas Condominium complex. Unfortunately, this was not placed on tonight's agenda and he was asked to bring this up tonight. They will simply be going from Service D to Service C; there will be a reduction to the City in cost and also a reduction to the residents. Mr. Bird moved to approve Amendment No. 5 to the Waste Manage- ment Contract and a new service area map in accordance with that, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 17.c.5. The City Manager stated he needs to have an answer tonight as to whether or not Council wishes to schedule the referendum for the annexation for September 2nd Primary Election or for the November Election. If they decide to go ahead with the Primary then the City has to file the question with Jackie Winchester's Office by July 18th. The City Attorney and City Clerk have most of the material prepared. Mrs. Horenburger stated that they do have two options; however, those are the only two options. She would be in favor of putting it on the September 2nd Primary Election ballot so that if there were some minor error or something comes up it could be placed on the November Election. Mr. Bird stated he would disagree with Mrs. Horenburger in that this may be the most important vote they ask the citizens to participate in and with the amount of time they have until November they could make sure that nothing could go wrong. Mr. Dougherty concurred with Mr. Bird. Mayor Campbell returned to the Council Chambers at this time. -14- 7/8/86 Mr. Weatherspoon stated that the forecasters are projecting a low turnout for the Primary due to the fact that it is the day after Labor Day and a lot of people will be out of town. He feels it would be more appropriate to have this on the November ballot. Mayor Campbell stated he would like to see it as early as possible so that if they do run into any difficulties they will not be foreclosed. If they miss it in November then the only recourse is the Legislature again. It was the consensus of Council to go with the November elec- tion. 17.d.1. Mr. Jack Kellerman, member of the Planning and Zoning Board, read a prepared statement from the Board regarding action taken by Council at their June 23rd meeting on the final plat approval for Alfiere-Pugliese. The Board is concerned that proper procedure was not followed in this approval process and request that Council revisit this item. 17.d.2. Mr. Lorenzo Hawthorn questioned the Community Redevelopment Agency's structure, noting that most of its members have outside inter- ests. Also, there is not anyone in the Agency from the area which is most affected which is West Atlantic Avenue between Swinton Avenue and 1-95. Mayor Campbell stated that Mr. David Randolph is the represen- tative from that area and suggested that Mr. Hawthorn contact him. 17.d.3. Mrs. Hortense Wilmont, 24 S.W. Angler Drive, presented a petition to Council requesting that a complete investigation be made of the Delray Beach Police Department with regard to drug activities as a result of the resignation of Officer Breland. 17.d.4. Mrs. Rosetta Rolle, President of the Delray Beach Voters League, concurred with Mrs. Wilmont and stated it is also her concern that a complete investigation be made. 17.d.5. Mr. David Cohen, Legislative Chairman for the Palm Beach County Chapter of Alzheimer's Disease and Related Disorders Association, advised that he has furnished Council with some information regarding this disease. He made a presentation outlining the work of the Associa- tion and requested that Council consider including the Alzheimer's Disease and Related Disorders Association in their next budget. 17.d.6. Dr. William Echols stated that some months ago he was named to the Human Relations Committee. Because of illness he missed a meeting and upon inquiry after that as to why the group had not met he was told there was difficulty getting a quorum. His concern is that there are matters still pending that have not been dealt with. He questioned if there is any precedent or procedure whereby Council can prod a board into more activity. Mayor Campbell stated that Mr. Straghn and Mrs. Greene have been notified that there are two appointments to be made and they have promised that within the week he will have two names. Mrs. Horenburger left the Council Chambers at this time. 17.d.7. Mr. James Bowen, 116 Marine Way, stated that he feels the beach is looking very nice at the moment; however, it does not get the use it should as there is not enough parking. He advised that at the north end of the beach there is a parcel of vacant land which is up for sale and suggested that Council look into purchasing it. 17.d.8. Mr. Virgil Norris stated he agrees with Mr. Dougherty in his idea of having a workshop on the courthouse situation. He feels they need to know which things are negotiable and which are not, how much money they are willing to spend and what the limits are. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: -15- 7/8/86 18. Requisition No. 9 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 9 in the amount of $322,655.28 for Regional Wastewater Treatment Plant Expansion. Approval is recommended. 19. Request for Solicitation of Funds - Florida Consumers Federa- tion. Council is to consider approving solicitation of funds from August 4 through August 30, 1986. Approval is recommended. 20. Lease - Pioneer Boys Association, Inc. Council is to consider authorizing execution of renewal of a 25 year lease between the City and Pioneer Boys Association, Inc. 21. Parking Restrictions on A1A. Resolution No. 34-86, requesting the Florida Department of Transportation to approve City recommendations for parking restrictions from 11 p.m. to 5 a.m. for a portion of A1A, is before Council for consideration. The caption of Resolution No. 34-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE DEPARTMENT OF TRANSPORTA- TION OF THE STATE OF FLORIDA TO APPROVE CITY RECOMMENDA- TIONS FOR A NIGHTTIME PARKING RESTRICTION FOR A PORTION OF A-1-A LYING WITHIN THE CITY. (Copy of Resolution No. 34-86 is on file in the official Resolution Book) 22. Nuisance Abatement. Resolution No. 35-86, assessing costs of abating nuisances in accordance with Section 13-13 on 12 parcels, is before Council for consideration. The caption of Resolution No. 35-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 35-86 is on file in the official Resolution Book) 23. Funding for 1987/88 Erosion Control Program. Resolution No. 36-86, requesting funding in the amount of $309,000 from the Department of Natural Resources for 1987/88 beach erosion control program, is before Council for consideration. The caption of Resolution No. 36-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1987/88 SAND SEARCH, REVEGETATION OF THE DUNES, BEACH AND REEF MONITORING, PROTECTIVE WALKWAYS FOR ACCESS THROUGH THE DUNES, COASTAL ENGINEERING STUDY TO EVALUATE THE CONCENTRATED EROSION, AND SCHEMATIC ENGINEERING FOR PROPOSED 1990 RENOURISHMENT. (Copy of Resolution No. 36-86 is on file in the official Resolution Book) -16- 7/8/86 24. Funding for 1988/89 Erosion Control Program. Resolution No. 37-86, requesting funding in the amount of $147,750 from the Department of Natural Resources for 1988/89 beach erosion control program, is before Council for consideration. The caption of Resolution No. 37-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING FUNDING FOR THE FISCAL YEAR 1988/89 PRELIMINARY ENGINEERING FOR PROPOSED 1990 BEACH NOURISHMENT, BEACH AND REEF MONITORING, REVEGETATION OF THE DUNE, AND PROTECTIVE WALKWAYS FOR ACCESS THROUGH THE DUNE. (Copy of Resolution No. 37-86 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 Mrs. Horenburger returned to the Council Chambers at this time. 26. Beach Parking Permits. Council is to consider clarification as to whether or not Council wants Ingraham Avenue to be a permit sticker parking lot and authorize drafting of ordinance amendment. It was the consensus of Council to have parking by sticker only in the Ingraham Avenue parking lot and to have the ordinance amendment prepared. 27. 75th Anniversary of Incorporation of Delra¥. Council is to consider a request from the Chamber of Commerce for City Council en- dorsement and support honoring this month-long celebration in October. Mr. Bird moved for approval, 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. 28. Nuisance Abatement Action. Council is to consider City nui- sance abatement action as requested by the City Attorney. Mr. Weatherspoon moved to authorize consideration of nuisance abatement action, 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. The City Attorney clarified that the motion is direction to his office to institute the appropriate proceedings. 29. Appointment - PERC Commissioners. Council is to consider the appointment of Robert Fellows as an alternate member of PERC to a term ending March 13, 1990. Mr. Bird moved to appoint Robert Fellows as an alternate member of PERC to a term ending March 13, 1990, 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. 30. Appointment - Community Redevelopment Agency. Council is to consider the appointment of Mark Stowe as a member of the Community Redevelopment Agency to a term ending July 9, 1990. Mrs. Horenburger moved to appoint Mark Stowe as a member of the Community Redevelopment Agency to a term ending July 9, 1990, 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- 7/8/86 31. Ordinance No. 47-86 - Amending Code - Waivers of City Ordi- nances. Ordinance No. 47-86, amending Chapter 2 "Administration" of the Code of Ordinances to provide for notice to the public in certain instances wherein City Council has before them for consideration a proposal to waive the requirements of any City ordinance, is before Council for consideration on First Reading. If passed, Public Hearing will be held July 22nd. The City Manager presented Ordinance No. 47-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD A NEW SECTION 2-9, "WAIVERS OF CITY ORDINANCES", TO PROVIDE FOR NOTICE TO THE PUBLIC IN CERTAIN INSTANCES WHEREIN THE CITY COUNCIL HAS BEFORE THEM FOR CONSIDERATION A PROPOSAL TO WAIVE THE REQUIRE- MENTS OF ANY CITY ORDINANCE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 47-86 on First Reading, 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. Before roll call the following discussion was had: Mr. Dougherty stated he is concerned about giving Council carte blanche to waiver everything it sees fit without due process of notice. He feels they should contact all parties who are directly, or in- directly, affected by such a waiver. Mrs. Horenburger stated that if they were waiving something like a solicitation it would be City-wide and they would have to notify every citizen. Mrs. Elizabeth Matthews advised that this ordinance came about because of an ordinance which was proposed to be waived without any notice last fall and they felt that there should be some public notice. Mayor Campbell stated that the whole idea was that Council could act like a chancery body and waive an ordinance in a specific case when they did not want to change the ordinance City-wide. Mrs. Matthews stated that anyone who really wants to keep track of what Council is doing would find the information on their agenda, if not in the newspaper. Mr. Dougherty stated he feels this ordinance could also include a provision that if people are specifically affected by a waiver then they be notified directly. Mayor Campbell suggested that Mr. Dougherty write out the language which he feels would be appropriate as an amendment. As soon as it is written out and given to the City Attorney then they can determine if they can go to second reading or if it will have to go back to first reading. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 10:56 P.M. City Clerk -18- 7/8/86 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 July 8, 1986, which minutes were formally approved and adopted by the City Council on Q~ ~,~,/~,~ . Cl~erk 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. -19- 7/8/86