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07-22-86 JULY 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 7:00 P.M., Tuesday, July 22, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and Assistant City Attorney Sharon Delegal. 2. The opening prayer was delivered by Reverend Gerald J. Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the agenda, 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. PUBLIC HEARING 5. 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. (Copy of Ordinance No. 42-86 is on file in the official Ordi- nance Book) The Assistant 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. 42-86 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. Before roll call, upon question by Council, the City Manager advised that all the concerns of the towing company people have been satisfied. At this point the roll was called to the motion. 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 Second and FINAL Reading. Prior to consid- eration 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. 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. (Copy of Ordinance No. 47-86 is on file in the official Ordi- nance Book) The Assistant 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. Helen Coopersmith, 1222-D South Drive Way, stated she is confused with the language which states "to provide for notice to the public in certain instances" and questioned what is meant by that. Mayor Campbell clarified that they will only be waiving ordi- nances in certain instances and the public will be notified. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 47-86 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Dougherty stated that at the last meeting they had some discussion regarding the notice being given to people who were directly affected. Jeffrey Kurtz, Assistant City Attorney, stated that he tried to come up with some language which would be satisfactory; however, he kept coming back to the same problem as to how they were going to define the affected party and when exactly they should give specific notice to specific people. Mr. Dougherty stated that the Federal Government, in its requirements for public hearing and waiving ordinances, demand that the administrative agency not only publish their intent to waive but also make every attempt to contact, directly, people that they know will be -2- 7/22/86 affected. He feels that where there are specific people affected they should be notified of the attempt to waive an ordinance. Council discussion was had on how they could determine the affected persons and the types of ordinances which are routinely waived. Upon question by Mr. Dougherty, Mr. Kurtz advised that Council has always asserted that it had the power to waive ordinances; this ordinance is, in effect, putting some limits on that in that there will have to be notice. Mr. Dougherty questioned if they could add a sen- tence to state that the City Manager or City Attorney shall make his best effort to directly contact anyone who would knowingly be affected by the waiver. Mrs. Horenburger stated the problem is that it would be dif- ficult to ascertain who would be involved. If it were a solicitation request they were waiving, how would the City Manager determine who should be notified. Each situation they address would be so different and general that she does not know if it is possible. She feels that if everyone in the City is on notice, through the newspapers, that the City will be considering a waiver, then that should cover it. Mr. Dougherty stated that all he is suggesting is that they put the responsibility on the City Manager to make a determination whether or not, in his opinion, someone is directly affected. Mayor Campbell suggested that they could amend the ordinance to add "The City Manager is directed to contact, or send notice, directly to those people that he may, in his discretion, feel might be partic- ularly affected by such waiver". Mr. Bird stated that he has a problem with this in that they are putting the requirement to make a decision on the City Manager when Council seems to be unwilling to make a decision themselves tonight. He feels public notice is important; however, most of the ordinances which come before Council to be waived are so far reaching and general in their application that they virtually affect every citizen in the community. To direct the City Manager to make a specific list, or to hold themselves as liable for him not having made a list, is to impose upon the citizens of Delray one more liability they would be far better off to avoid. Mr. Dougherty made a substitute motion to approve Ordinance No. 47-86 on Second and FINAL Reading, with the amendment as suggested by Mayor Campbell, seconded by Mr. Weatherspoon. Mr. Bird suggested that Council modify the wording slightly to state that "Nothing in this ordinance shall preclude the City Manager from making such individual notifications as he deems appropriate". Mr. Dougherty accepted the modification as suggested by Mr. Bird, Mr. Weatherspoon seconded the modification. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Dougherty moved for ratification of adoption of Ordinance No. 47-86 on Second and FINAL 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. 7. Public Hearing - Proposed FY86/87 Statement of Objectives and Projected Use of Funds - Community Development Block Grant Program. Mr. Robert Barcinski, Assistant City Manager, stated that the City's funding level for the FY86 funding is now officially at $456,000; the original application of $378,000 has been supplemented with an additional $78,000. He advised that the target area selected for the grant is the same as it was last year and has a predominance of low to moderate income persons. Mr. Barcinski gave a presentation on the -3- 7/22/86 proposed uses of the funds for the initial allocation and also the $78,000. Mayor Campbell stated that they had talked at one time of possibly contributing some funds for infrastructure development for the new housing project. Mr. Barcinski advised that they do not have it proposed at this time; however, if the initial allocation from this year's funding is successful they could do a budget amendment at a later date. They are not sure if that project is going to take off and did not want to appropriate funds. 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. Henry Mack, Consultant to the WCCC and Vice-Chairman of the Fair Share and Economic Development Committee of the NAACP, stated he is here tonight to ask Council to defer any action with regard to the projected use of funds for this program. The community does not under- stand the process as it was presented to them; they would like Council to put a hold on this program and let them become involved in what will be done with the funds. Upon question by Mayor Campbell as to whether or not there is a time period which the Federal Government mandates with regard to this budgetary allocation, Mr. Barcinski advised the City's statement has to be in to HUD no later than August 30th. After this public hearing, staff will take Council's comments, prepare the final statement and bring it back for their adoption at the August 12th meeting. If it is not given to HUD by August 30th we will lose the funds. Mr. Mack stated he feels if they miss this funding cycle it will have no consequence. Council should have a broader perspective and involve the community. The public hearing was closed. Mr. Weatherspoon moved to approve the proposed FY86/87 State- ment of Objectives and Projected Use of Funds for the Community Develop- ment Block Grant Program, 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. Before roll call the following discussion was had: Mr. Weatherspoon stated that for a long time the City of Delray Beach did not receive any funding from the CDBG as they were part of the County's program. A lot of people put a lot of effort into getting the $500,000 last year and also this year's funding. The money is primarily spent in the black community which is the area where houses need to be rehabilitated and every dollar they can get to help is of the utmost importance. He cannot understand Mr. Mack's statements that the public has not had a chance to participate because they have. Mrs. Horenburger stated she is astonished that someone would suggest that the City throw away $500,000 to do housing rehabilitation in Delray Beach. They fought hard to get their own program and the community needs every bit of help it can get. At this point the roll was called to the motion. PROCEDURAL ITEMS 8. Mr. Bird moved to approve the minutes of the Regular Meeting of July 8, 1986, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.a.1. Mr. Weatherspoon complimented staff and the company who did the resurfacing of the Pompey Park deck. -4- 7/22/86 9.a.2. Mr. Dougherty questioned if staff has reviewed the Knight Center proposal as to how it will affect Delray. The City Manager stated that they have and staff has taken the position that they are not opposed to the project; however, there are a number of concerns which have been raised and Delray is in disagreement with the City of Boca's Planning and Zoning Commission and Traffic Engineers. The concerns relate specifically to the impact of the traffic. Mr. Cohn, Planning Director is, at this time, attending the Planning and Zoning meeting in Boca to express the City's feelings about the problems which would occur if the road were to be stopped as pro- posed. This project will also have to go to the Treasure Coast Regional Planning Council as a DRI (Development of Regional Impact). Mr. Dougherty stated he feels that if staff concludes that there are adverse impacts for the City of Delray, perhaps they should formulate a communication showing their concerns. However, he has not heard the entire report from staff and he read in the newspapers that there has been some postponement in making a decision on the issue. Mayor Campbell suggested that Mr. Dougherty meet with staff and, if deemed appropriate as far as the timing element, they could call a special meeting prior to next week's workshop to have a formal ratifica- tion. Mr. Bird requested that they also consider the Sawgrass Ex- pressway. If it bypasses Boca and terminates on the western edge of this community it could be a much bigger impact than the Knight Center. Mr. Dougherty stated he feels this is an opportunity to look at these items from a policy standpoint. Council could look at them and develop a policy which would leave them in good stead and could also be ap- plicable to projects within the City. Mrs. Horenburger advised, as a member of the Treasure Coast Regional Planning Council, that at their last meeting they determined that all of the facts on the Knight Center would be in by the 14th of August and that the public hearing at Treasure Coast would be on the third Friday in September. It was the consensus of Council to have a special workshop on August 5th to discuss this issue. 9.a.3. Mr. Dougherty suggested that Council initiate a planning study for the development of a policy and program in the implementation of a plan, including schedule and cost estimate, for the conveyance of the Delray Elementary School property. Mayor Campbell advised that they do have a committee, which was appointed by Council to look into this and report back to them. The committee is the group who sponsored the inquiry by the University of Miami School of Architecture. Mr. Dougherty requested that they have an update on the progress. Mayor Campbell stated they will have Mrs. Bourque at an up- coming workshop to discuss this. 9.a.4. Mr. Dougherty stated that at various meetings he has asked about the low water pressure in certain areas of the City. He would like to know if the Public Utilities Department has made an investiga- tion and have any findings so that he can communicate to the people who raised the question. The City Manager advised he received a note today from Mr. Pontek which addressed the areas of concern and stated that they are not areas which have a history of low pressure. They do have a pressure recording device and Mr. Pontek would like to go to the areas and record what the pressure is. Mr. Dougherty stated he would like to see that done to find out if there is a problem. 9.a.5. Mr. Dougherty stated it is his understanding that at this meeting they were going to set a date for a special meeting to discuss the courthouse situation. -5- 7/22/86 It was the consensus of Council to hold a meeting on Monday, July 28th at 5:30 P.M. Mr. Dougherty stated that for that meeting he would like to receive the following information from staff: copies of the CRA's minutes for 1986 to date; a copy of the appraisals for the property that is to be taken by eminent domain; that the CRA provide Council a cost estimate of the cost of displacing the businesses and families, and their program of assistance to the families who will be displaced; receive from the County their final conditions in addition to the minimum of 10 acres of land, i.e., their position on the vacation of streets, the disposal of the current police building, their impact fees - whether they intend to seek waiving of the impact fees, resolution of the signalization in the traffic lane requirements, find out if they are going to withdraw their request regarding the tennis courts, whether or not they have withdrawn their request for police security, vacation of buildings - is the City going to be obligated or CRA or whoever to demolish all the buildings, a guarantee from the County that only a courthouse will be built on the land that they are talking about and that there be some assurance that there be no jail involved; a copy of the final draft of the interlocal agreement between the City and County for the courthouse site on Atlantic Avenue; that Council conduct a straw vote on the courthouse issue, in that it is in the best interests of the City to obtain an expression of the people with respect to the CRA proposal for the Atlantic Avenue courthouse site and the use of eminent domain; that any sale or transfer of City property, by either the City or CRA, be done in accordance with Chapter 2, Section 2-7. 9.a.6. Mayor Campbell requested that the City Manager furnish Council, in writing this week, an update on the status of the cemetery plan for beautification and upgrading. 9.a.7. Mayor Campbell requested the status of the placement of the lights on West Atlantic Avenue. 9.a.8. Mayor Campbell reported that he received a call from a gentle- man in the Hamlet who would like to donate playground equipment for Barwick Park. Hopefully, in two weeks he will have a report on this. 9.a.9. Mayor Campbell stated that at the meeting scheduled for next Tuesday they will be discussing the problems on West Atlantic Avenue. He requested that members from the Westside Community Council attend that meeting and that Council think about the problems so that, hope- fully, they can come up with a plan to control the loitering, littering, illegal parking and some of the other attendant problems. 9.a.10. Mayor Campbell stated, with regard to the Delray Elementary School site, that there is a contract which has been passed on to the School Board. He would like the City Attorney to know that his opinion is that it is a rather strict contract with regard to the title stan- dards and so forth. He expects that there may be some negotiations and asked that Council keep abreast of this in that the sooner they get the contract signed the more reassurance this community, and the committee which is working on the planning of the site, will have. There has been a private foundation set up called the Old School Square Foundation and they will be soliciting funds to help in their efforts to restore the old building. Upon question by Mr. Dougherty as to whether or not they are planning any capital monies in the budget for this, Mayor Campbell stated they are not planning anything directly at this time until they hear a report back from the Committee. One of the Committee's responsi- bilities will be to give Council an estimate of the projected plans and costs. They can then make an analysis of how to meet those costs if they decide they are appropriate. 9.a.ll. Mayor Campbell stated they were going to have a demonstration project on West Atlantic Avenue, for beautification of the median strip, which originally was going to be paid for by the Hamlet; however, that fell through and the City Manager was going to get a cost estimate so that it could be approved by Council. -6- 7/22/86 The City Manager stated that they are not going to approach the Hamlet at all and it will be placed in the overall beautification program. 9.b.1. There were no Non-Agenda items by the Assistant City Attorney. 9.c.1. The City Manager advised he has received a letter from Victoria Productions, Inc., requesting that Council allow them to utilize part of Ocean Avenue, approximately 200 yards north of Atlantic Avenue, to do some filming for a movie called "Florida Times". The filming will take place on July 25th at 8:00 A.M. They have provided the City with insurance; however, the City would like them to also provide a hold harmless agreement. Mr. Bird moved to authorize the request, subject to receiving a hold harmless agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9.c.2. The City Manager stated that last week Council, sitting as the SCRWTD Board, took certain action with regard to Foster Marine and S.G. Phillips. He is requesting Council ratify that action. Mrs. Horenburger moved to ratify the action, 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. 9.c.3. The City Manager stated that Council received a letter from the Roots Cultural Festival requesting $1,000 from the City. Upon question by Mrs. Horenburger as to why they cannot buy a stage for the Festival and store it, the City Manager stated it is his understanding that it is a different type of stage. Mr. Weatherspoon advised the type of stage they use is not movable; it is built with rafters and is very large. It costs more than $1,000 to construct the stage but the contribution will help defer the cost. Mrs. Horenburger moved to approve the $1,000 requested, sec- onded 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. Upon question by Mr. Weatherspoon, the City Manager advised they will try to take the funds from the Parks & Recreation budget. 9.c.4. The City Manager stated they have received a request from Congress Park South for a site plan modification and Administrative Relief to modify four parking areas and provide a new parking area in the south west corner of Tract A. The result of this proposal is that thirty-five existing standard parking spaces will be replaced by thirty- seven compact parking spaces and ten new compact spaces will be pro- vided. The Technical Review Committee has reviewed this proposal and have no objections in granting Administrative Relief on the condition that the spaces be designated on the site plan and that appropriate signage for compact/employee parking is provided. Mr. Bird moved for approval, seconded by Mr. Weatherspoon. 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 questioned how they are going to ensure that the spaces are used for compact cars. The City Manager stated they are requiring that the parking spaces be signed "For compact/employee parking". -7- 7/22/86 Mrs. Horenburger stated she has a problem with compact car spaces and feels to try and designate a thing like that is absurd. At this point the roll was called to the motion. Mrs. Horenburger left the Council Chambers at this time. 9.c.5. The City Manager advised the City has been reviewing their buildings for some time to determine if there was any asbestos. There are three areas identified which need some attention - the Country Club Lounge, the North Water Plant office and the South Water Treatment Plant. They received four bids for the project; the low bid, from Laughlin Development Corporation, is in the amount of $109,284 and funding would come from the various departmental budgets. Mr. Bird moved to award a contract in the amount of $109,284 to Laughlin Development Corporation for removal of asbestos, with funds to come from departmental budgets, 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. 9.c.6. The City Manager advised Council has been furnished a memoran- dum which establishes the budget schedule. Council will be receiving their copies of the budget on the 29th or 30th of July and the budget workshops will start on August llth. He requested that Council estab- lish a time for the August llth workshop and also how many workshops they wish to have. On August 18th they will be submitting the proposed tax millage to the County. Mrs. Horenburger returned to the Council Chambers at this time. 9.d.1. Helen Coopersmith, 1222-D South Drive Way, representing PROD, read a prepared statement regarding the courthouse site. They feel the public has the right to know what is being negotiated, what the City intends to give to the County and what the cost will be. 9.d.2. Andre Fladell, 20934 Concorde Green, presented statistics with regard to the difference in pay and crime between City of Delray's Police Department and those of Boynton Beach and Boca Raton. He pre- dicts that if a new contract is not negotiated to bring the Police officers up to a fair pay equity the City will lose about 1/5th of the total department and that the Teamsters will be the next union. 9.d.3. Annetta Baldwin, 5341 West Atlantic Avenue, representing the South Palm Beach County branch of the NAACP and the Westside Citizens Coordinating Council, read a prepared statement with regard to the courthouse. She stated the NAACP and WCCC endorse Council's efforts to locate the courthouse on Atlantic Avenue with the following conditions: (1) That serious and committed efforts be made to restrict the court- house activities to existing City-owned properties; (2) that the City not exercise its powers of eminent domain and condemnation to acquire additional property needed; (3) that citizens affected by any necessary acquisition be given the right of individual, informed choice as to whether to sell or not; (4) that a serious commitment be made to elicit public input and give factual information about this process; (5) that provisions be made for any necessary relocation within our community and (6) that development consideration be given firstly to citizens in the impacted area. 9.d.4. Reverend G.L. Champion, member of the NAACP, stated they feel the need to have the courthouse on West Atlantic Avenue; however, they also have reservations as stated by Ms. Baldwin. They feel that if Council alleviates the citizens fears then they will have no more out- bursts. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. 9.d.5. Elaine Roberts, 312 North Swinton Avenue, stated she supports the concept of having a courthouse on West Atlantic Avenue. However, she feels that for such an important issue a full fact sheet should be widely distributed to citizens and newspapers and contain information on the dollars involved, the appraisals, the exact locations, the property -8- 7/22/86 owners involved, the traffic anticipated, the ancillary buildings anticipated and the abandonment of any streets, if contemplated. She stated that they are all interested in what is happening in the City and asked that Council not leave the citizens out of the process. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 10. Coastal Engineerinq Consultants. Council is to consider confirming ranking of Coastal Engineering Consultants: (a) Coastal Planning & Engineering, Inc. (b) Cubit Engineering LTM (c) Coastal Technology Corporation 11. Easement Deed - Reqional Wastewater Treatment Plant Expansion. Council is to consider authorizing execution of easement deed jointly with the City of Boynton Beach to Florida Power & Light relative to the expansion of the Regional Wastewater Treatment Plant. Mr. Bird moved to approve the Consent Agenda, 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. Vice-Mayor Weatherspoon declared a recess the time being 8:49 P.M. The meeting was reconvened the time being 8:57 P.M. Mayor Campbell returned to the Council Chambers at this time. REGULAR AGENDA 12. Site Plan Approval Extension - Pelican Harbor Shoppes. Council is to consider a request for an 18 month extension of the site plan approval to January 22, 1988 for Pelican Harbor Shoppes, a 13,788 square foot commercial center located at the northeast corner of South Federal Highway and Tropic Isle Drive. It is zoned GC (General Commercial) District and contains 1.5 acres. The Planning and Zoning Board and Planning Director recommend denial. Mrs. Horenburger moved to deny the request for an 18 month extension of the site plan for Pelican Harbor Shoppes, seconded by Mr. Weatherspoon. Alfred Wenk, owner of Pelican Harbor Shoppes, stated he just purchased this land in December and is requesting that Council approve this extension so that he has a chance to build on it. He has signed contracts with builders, engineers and architects and is ready to proceed to build on the property. Sid Soloway, member of the Planning and Zoning Board, stated the reason they denied this petition is that this has been before the Board four times and nothing was ever built. However, when they heard the petition they were not aware that the new owner had plans and contracts. Upon question by Mrs. Horenburger, Mr. Wenk stated that to go through the whole site plan process again would take about five or six months and would be very costly. He received a memorandum from Mr. Weedon of the Planning Department which recommended some changes and he is willing to comply with those. Upon question by Mrs. Horenburger, Mr. Weedon advised that the ten conditions the Planning Department made would bring this property into conformance with today's Code. Mr. Bird made a substitute motion that the site plan approval extension be resubmitted to the Planning and Zoning Board to be heard at their earliest meeting and request that the applicant take such documen- tation as may change their minds about their recommendation, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - -9- 7/22/86 Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 13. Intergovernmental Agreement for Traffic Signals. Council is to consider approval of execution of Intergovernmental Agreement between the City and Palm Beach County Board of Commissioners whereby the County will take over all traffic signals in the City. The City will provide the County $40,000 beginning January 1, 1987 for the five successive calendar years, with funds to come from budgeted funds. Approval is recommended. The City Manager stated this is a continuation of a program which the City initiated two years ago. The City Attorney's office had a number of questions about the agreement and redrafted it. He would like Council to approve this agreement and send it on to the County to see if they accept it. Mrs. Horenburger moved for approval of the Intergovernmental Agreement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Emergency Pipeline Installation. Council is to consider award of a contract to Southern Pipeline, Inc., for emergency installation of 18" watermain under Linton Boulevard, near Bill Wallace Ford, in the amount of $19,601 with funds to come from the 1986/87 budget. Approval is recommended. Mr. Bird moved to award a contract to Southern Pipeline, Inc., in the amount of $19,601, seconded by Mrs. Horenburger. Mr. Pontek, Director of Public Utilities, advised the funding will come from the Water Transmission Fees allocated for Germantown water main. The Assistant City Attorney advised that Council should also waive the normal purchasing procedures. Mr. Bird amended his motion in include the funding to come from the Water Transmission Fees and that they waive the normal purchasing procedures, Mrs. Horenburger amended her second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 15. Marina Delray. Council is to consider time frame before project becomes non-conforming. Roger Saberson, 761 Place Chateau, stated that he is represent- ing a group of individuals, headed by Mr. William West, who are inter- ested in acquiring the Marina Delray property and operating it as a private club rather than a public bar, restaurant and hotel. There are presently two legal actions pending with regard to the property; a mortgage foreclosure action brought by Southeast Bank who are holding a $1,350,000 mortgage and also an action by the City to terminate the non-conforming use status of the property. Southeast Bank must defend the currently pending non-conforming use litigation brought by the City and that litigation puts the City in an all or nothing, win or lose posture. After years of litigation and a lot of expense, they are either going to be able to terminate the non-conforming use, or the Judge will come to a conclusion that the City is unable to prove their case and they will still have the non-conforming use operated as it has in the past. His client is offering the City an opportunity to have more control in the operation of the property by having it as a private club and actually sit down and work out a written stipulation or agreement. They have had discussions with Southeast Bank who are amenable to working out an arrangement whereby his client would acquire title. They need to know if the concept his client has is something the City would be willing to sit down and discuss, or is it totally unacceptable. -10- 7/22/86 Mayor Campbell stated that the City has already filed a law- suit and in that lawsuit they have stated that the non-conforming use status has expired. He questioned how they can toll something which has already expired. The Assistant City Attorney advised they are talking about a new third period of time which has begun to run. The City has taken the position that the non-conforming use status has lapsed based on failure to open for a 180 day period and there are two periods at issue. There has been no final determination made as to whether that is correct and this is now a third period of time which, if it were to run, the City would have the authority to say that they have lost their use now, whether or not they had lost the use the other two times. Mayor Campbell stated that he presumes if they do toll the third period it would have no affect on the current litigation as far as the merits. The Assistant City Attorney stated that any motion should specifically include that. Upon question by Mrs. Horenburger as to when this third time period will expire, Mr. Bird stated it is his understanding it will expire on October 8th. Mrs. Horenburger questioned if the Planning and Zoning Board has looked at the possibility of a conditional use in the RM-15 district for private clubs. Mrs. Phyllis Plume, member of the P&Z Board, stated that it has never come before the Board. Mrs. Horenburger stated she feels that to have the P&Z Board look into that would be the better approach as she has a problem in giving up the option of having the 180 day third time period. Mr. Saberson advised that the Court appointed Receiver is in the position that he has been put on formal notice by Southeast Bank that he had better go into the Marina Delray and operate it as a public bar, restaurant and hotel so that the third period will not expire. He is before Council tonight to find out if his clients and the City can come to some agreement to permit a private club operation. Mr. Bird stated that he spoke to Mr. Bill Young, President of the Beach Property Homeowners Association, and he feels that whatever the City can do to keep the property closed as a public facility they should do. However, he has no problem with the City researching and participating in some better use. Mr. Bird moved that Council toll the time and that the tolling of the time on this third period shall have no affect on the litigation or the periods that are under contest in that particular litigation, and that it be contingent upon receiving official notification from the Receiver, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated that he feels the important issue is whether or not Council wants to have the property operated as a private club. Mrs. Horenburger stated they need to have the P&Z Board look at the mechanism for a zoning change to do that. Mr. Bird stated that they have no guarantee that Mr. West and his associates will become the ultimate owners and would operate it as a private club and he does not know if he would want to stop the time until they find out whether or not a satisfactory solution can be arrived at. Mr. Saberson stated that all they are asking tonight is whether or not, conceptually, Council would consider the idea of having a private dinner-type club. Mayor Campbell stated the consensus of Council is that they would reservedly be in favor of the idea. -ii- 7/22/86 At this point the roll was called to the motion. 16. Mobile Fire Safety Education Program. Resolution No. 38-86, supporting the Boynton-Delray Exchange Club in their efforts in applying for Federal assistance from the United States Fire Administration for a Community Fire Prevention Program, is before Council for consideration. The City Manager presented Resolution No. 38-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE BOYNTON-DELRAY EXCHANGE CLUB, IN THEIR EFFORTS IN APPLYING FOR FEDERAL ASSISTANCE FOR A COMMUNITY FIRE PREVENTION PROGRAM, FROM THE UNITED STATES FIRE ADMINISTRATION. (Copy of Resolution No. 38-86 is on file in the official Resolution Book) Mr. Weatherspoon moved for the adoption of Resolution No. 38-86, 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. 17. Ordinance No. 48-86 - Amending Code - Supplemental Retirement Income for Retired Employees. Ordinance No. 48-86, amending Chapter 18 "Pensions and Retirement" of the Code of Ordinances relative to supple- mental retirement income for General Employees who retired prior to February 1, 1986, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 12th. The City Manager presented Ordinance No. 48-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 18, "PENSIONS AND RETIREMENT", ARTICLE IV, "PENSIONS FOR GENERAL EMPLOY- EES'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 18-120, PROVID- ING SUPPLEMENTAL RETIREMENT INCOME FOR EMPLOYEES WHO RETIRED PRIOR TO MARCH 1, 1986; PROVIDING A MINIMUM MONTHLY RETIREMENT BENEFIT FOR SAID RETIREES; PROVIDING FOR CERTAIN RETROACTIVE APPLICATION OF SUCH AMENDMENT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 48-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Ordinance No. 49-86 - Amending Code - Reduction in Electrical Use Tax - Enterprise Zone. Ordinance No. 49-86, amending Chapter 25 "Taxation" of the Code of Ordinances relative to reduction of electrical use tax by 50% for businesses located in an enterprise zone, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 12th. The City Manager presented Ordinance No. 49-86: 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", BY ENACTING A NEW SECTION 25-31, "REDUCTION OF ELECTRICAL USE TAX FOR BUSINESSES LOCATED IN AN ENTERPRISE ZONE", PROVIDING FOR THE REDUCTION OF THE TAX ON ELECTRICAL SERVICE FOR QUALIFYING BUSINESSES LOCATED WITHIN THE CITY'S ENTER- PRISE ZONES, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. -12- 7/22/86 The Assistant City Attorney read the caption of the ordinance. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Bird moved for the adoption of Ordinance No. 49-86 on First Reading, seconded by Mr. Weatherspoon. (Due to the fact that not one of the remaining Council Members seconded the motion, Vice-Mayor Weatherspoon passed the gavel to Council Member Dougherty in order to second the motion). (Before roll call Mayor Campbell returned to the chair). 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 that she feels this is a waste of time at this point. While she likes the Enterprise Zone designation, she does not feel the City has a chance of getting it. The Assistant City Manager advised that this ordinance and the following one will only apply if the enterprise zone is approved. Mr. Dougherty stated that since he voted against the Enterprise Zone he is going to vote against this ordinance. At this point the roll was called to the motion. 19. Ordinance No. 50-86 - Amending Code - Reduction in Occupational License Tax - Enterprise Zone. Ordinance No. 50-86, amending Chapter 15 "Licenses" of the Code of Ordinances relative to reduction by 50% of the license tax to be paid to the City by persons engaged in or managing any business, profession or occupation within the enterprise zone, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 12th. The City Manager presented Ordinance No. 50-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, "LICENSES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW SECTION 15~14, "LICENSE TAX REDUCTION WITHIN AN ENTERPRISE ZONE", PROVIDING FOR A REDUCTION BY 50 PERCENT (50%) OF THE LICENSED TAX TO BE PAID TO THE CITY BY PERSONS ENGAGING IN OR MANAGING ANY BUSINESS, PROFESSION OR OCCUPATION WITHIN THE ENTERPRISE ZONE OF THE CITY OF DELRAY BEACH; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The Assistant City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 50-86 on First Reading, seconded by Mr. Bird. 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. Mayor Campbell stated he would like to add an item to the agenda to be Item 20. He received a list of names from the NAACP for appointment to the Human Relations Committee; the recommendations are Annetta Baldwin, Reverend G.L. Champion and Clifford Durden. Mr. Bird moved to amend the agenda to add this item, 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. 20. Appointment of Members - Delray Beach Human Relations Commit- tee. Mrs. Horenburger moved to ratify the recommendation from the NAACP for the Human Relations Committee, seconded by Mr. Bird. Upon -13- 7/22/86 roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 9:40 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of July 22, 1986, which minutes were formally approved and adopted by the City Council on ' ~ Ci~ Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -14- 7/22/86