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08-12-86 AUGUST 12, 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 7:08 P.M., Tuesday, August 12, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager advised he has received a request to postpone the annexation request for Item 11; however, the land use plan amendment request will remain. Mr. Bird moved for approval of the agenda with the amendment to Item 11, 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. 4.a. Mayor Campbell advised that before they get formally under way with the public hearing aspect of the meeting he would like to welcome Tony Durante. Tony Durante stated that he has just graduated from Atlantic High School and was asked by Mrs. Carol Shetler, the Principal of Atlantic High, to get work from as many art students who wished to send their work to Japan with the Eaglettes dance team. They were asked to go to Miyazu, Japan, and have a cultural exchange where they exchanged gifts from Delray Beach and vice versa. He advised that he is here tonight with a gift from Miyazu and presented it to Council. PUBLIC HEARING 5. Ordinance No. 48-86 - Amendinq 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 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 Attorney stated that there is a typographical error within the body of Section 1. He advised Council of the changes to be made and stated that they are not substantive changes to the content of the Ordinance. 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. (Copy of Ordinance No. 48-86 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. 48-86 on Second and FINAL Reading, as amended, 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. 6. 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 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. 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. (Copy of Ordinance No. 49-86 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. Sam Schwimer, Pines of Delray, stated that it was not so long ago that Council established a 1% increase in the utility tax. He feels this ordinance is doubling the burden on the individual tax payer by having some people exempted. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 49-86 on Second and FINAL 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. 7. 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 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. 50-86: -2- 8/12/86 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. (Copy of Ordinance No. 50-86 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. Mr. Bird moved for the adoption of Ordinance No. 50-86 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. 8. PUBLIC HEARING on Land Use Plan Amendment - Urban Homesteading Program. Council is to consider amendment to the Land Use Plan for an 18-acre City-owned parcel from P (Public) to RM (Medium to Medium High Density), located at the southwest corner of S.W. 8th Avenue and S.W. 4th Street. It is zoned R-lA (Single Family Dwelling) District. The Planning Director and Planning and Zoning Board, as the local Planning Agency, recommend approval for transmittal to the State for the required 90 day review. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved to approve the Urban Homesteading Program and the the amendment to the Land Use Plan for an 18-acre parcel from P (Public) to RM (Medium to Medium High Density) and authorize same to be submitted to DCA, 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. 9. PUBLIC HEARING on Land Use Plan Amendment and Annexation - Weir. Council is to consider amendment to the Land Use Plan for a 10-acre parcel from SF (Single Family) to PCC (Planned Commerce Center) and its subsequent annexation subject to the PCC zoning district. The property is located on the east side of Germantown Road, between Queens Avenue and Georgia Street, if extended eastward. It is zoned RH (Multi- ple Family Residential District - High Density) in the County and is designated M-MH (Medium to Medium High Density Residential) on the County's Land Use Plan. The Planning Director and Planning and Zoning Board, as the Local Planning Agency, recommend approval with conditions for transmittal to the State for the required 90 day review. 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. Bob Stump stated there is already a heavy impact in this area and he questioned the advisability of putting up more office buildings. Sam Schwimer, Pines of Delray, stated he cannot see why they need to approve more commercial centers when there are plenty of others which are vacant. He feels they need to stop all the development going on in the City and start thinking in terms of rehabilitation. Helen Coopersmith, 1222-D South Drive Way, questioned what the PCC district would allow. -3- 8/12/86 Robert Cohn, Planning Director, advised that the PCC is essen- tially a planned business park with an industrial orientation. The uses which are allowed are light industrial, research and development and there is a provision, subject to City approval, for up to 50% of the space to be office use. However, in discussions with this applicant, he has made it clear that industrial use is what is appropriate on the site, not more office space. Mrs. Horenburger stated that she understands that this type of project will generate no more traffic than a normal medium to high density residential area. Stanley Katz, 1421 S.W. 27th Avenue, stated his community is adjacent to this project and they object to the continuing commercial- ization of the area. Rev. Semmie Taylor stated that for years they have been talking about bringing light industry into the City to give people jobs. Now that they are getting it, people are opposed. There may be more traffic but it will only be at certain times of the day. He feels they need this type of use and to have a successful community they are going to have to learn to live with the inconveniences. The public hearing was closed. Mr. Weatherspoon moved for approval of the Land Use Plan amendment and annexation, 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. 10. PUBLIC HEARING on Land Use Plan Amendment and Rezoning - Eduardo and Jaime Odabachian. Council is to consider amendment to Land Use Plan for a 0.375-acre parcel from MF-15 (Multiple Family-15 units/acre) to C (Commercial) and rezoning from RM-15 (Multiple Family Dwelling) District to LC (Limited Commercial) District. The property is located on the east side of Federal Highway, between Linton Boulevard and S.E. 10th Street. The Planning Director and Planning and Zoning Board, as the Local Planning Agency, recommend denial. 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. Sam Schwimer stated across the street from this site is a development which is composed of offices and practically all of them are empty. He can see no need for more office space. Albert Jackman, representing the petitioner, stated they would like Council to table this item and give them a chance to go back to the Planning and Zoning Board. Mayor Campbell advised that as the applicant they are welcome to withdraw it this evening. If he has the consensus of Council it will be so withdrawn. The public hearing was closed. 11. PUBLIC HEARING on Land Use Plan Amendment - Mario DiMarzio. Council is to consider amendment to the Land Use Plan for a 1.3-acre parcel from SF (Single Family) to MF-6 (Multiple Family-6 units/acre). The property is located on the north side of West Atlantic Avenue, between the Hanover Square development and Hamlet Drive, if extended north. It is zoned AR (Agricultural Residential) in the County and is designated M-MH (Medium to Medium High Density), with commercial poten- tial, on the County's Land Use Plan. The Planning Director and Planning and Zoning Board, as the Local Planning Agency, recommend denial. 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. -4- 8/12/86 Dick Eckerle, 382 S.W. 27th Avenue, stated he does not object to going to MF-6 from SF; however, he would like to know about the RO zoning. Mr. Cohn stated that the Land Use Plan amendment request was originally submitted for a commercial designation and staff and the P&Z Board recommended denial. The applicant then amended the petition to MF-6 and amended their annexation petition to RO. In the County pocket land use study they were proposing MF-L which is very similar to the MF-6. In discussions with the applicant, they have agreed to go along with the MF-L designation. Once the plan amendment is approved by the State and the City they would like to come back with their annexation petition and discuss the possibility of RO zoning. Staff's recommenda- tion at this point is that Council deny the MF-6. Brenda Haley, Kilday & Associates, representing the contract purchaser, stated they are only asking for the land use plan designation tonight; this designation gives them no special right to the commercial but does not preclude them from such a request. They would like the rezoning issue be postponed until such time as Mr. Kilday can attend to discuss this matter with Council. Helen Coopersmith, representing PROD, stated that this is one area which is very residential and they would like it to remain so. Nathan Roseman, 235 Hamlet Drive, stated that the subject property is right opposite their homes and they are vehemently against this kind of zoning. The public hearing was closed. Mr. Bird moved to deny the land use plan request, 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. 12. PUBLIC HEARING on Land Use Plan Amendment and Rezoning - Smith. Council is to consider amendment to Land Use Plan for a 1.26-acre parcel from SF (Single Family) to POI (Professional, Office and Institutional), and rezoning from R-1AA (Single Family Dwelling) District to POC (Planned Office Center) District, located on the north side of West Atlantic Avenue, between N.W. 24th Avenue and N.W. 27th Avenue. The Planning Director and Planning and Zoning Board, as the Local Planning Agency, recommend denial. 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. Martin Perry, representing Dr. Patel, agent for the owner, stated they are proposing POI and staff has some significant problems with it in terms of not meeting the required acreage requirements. If Council were to consider the RO district rather than the POI it could perhaps have less intensity of traffic. He would like Council to give the applicants some indication of what other use they could put the property to. Dr. Patel stated that he will be operating a kidney center and under no circumstances would his office look like or work like a com- mercial area. He feels that the location of the site is the easiest for his patients to get to and he would like Council to consider these people. Marion Bell, Dr. Patel's secretary, stated that she has heard people complain about the traffic created by commercialization. She feels that, during the winter, it is the residents who cause the traf- fic. She cannot understand why one more property, which would be zoned so that a medical building could be built, would be denied. Jack Kellerman stated the residents in the area object to any further commercialization of Atlantic Avenue and feel that Barwick Road is a good point to stop. -5- 8/12/86 The public hearing was closed. Mrs. Horenburger moved for denial of the request, 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. Bird stated one of the problems in that area is that there are single family houses besides the one house in question and they are all deteriorated. Part of the reason for this is that immediately to the west of them is RM-20. What they need to do is develop some use for the property so as to have a single entrance and exit point. As it is designed now, if the properties develop as single family they will have to have backout driveways onto Atlantic Avenue and that too is not acceptable. He feels that Planning and Zoning need to take a careful look at this. At this point the roll was called to the motion. 13. PUBLIC HEARING on Policy Guide to the Land Use Element of the Comprehensive Plan. Council is to consider approval prior to submittal to the State for review as an amendment to the City's Comprehensive Plan and transmittal to the County of "Land Use Issues Pertaining to Palm Beach County Affecting Delray Beach". The Planning Director and Plan- ning and Zoning Board recommend approval. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for approval, 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, Mr. Bird stated he would like to thank all the people who spent so many hours and participated in this element of the Land Use Plan. At this point the roll was called to the motion. 14. PUBLIC HEARING on Land Use Plan Amendments for County Pockets and Future Annexation Area. Council is to consider amendment to Land Use Plan for County pockets and future annexation area, prior to submis- sion to State for review. The Planning Director and Planning and Zoning Board recommend transmittal of proposed amendments to the State. 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. Bob O'Brien, 2529 North Swinton Avenue, advised he is the administrator and operator of the facility called Eldercare which is addressed on Map 32. It is his understanding that one of the amendments would give them a residential zoning. They are looking forward to being annexed into the City and receiving City services; however, the proposed plan would reduce their facility to residential and he does not under- stand what Council is submitting to the State. Kathi Sumrall, Planning and Zoning Board, stated she would like to discuss Map 11. It has been brought to her attention that Council thought that perhaps it should be changed from Office to Commercial and she would like them to reconsider that designation. The P&Z Board particularly designated it office in order to exclude, in the future, any type of commercial zoning. June Carr stated that she is here representing several of her neighbors regarding Map 12. They would like to see all the area of Silver Terrace with an RH category. -6- 8/12/86 Mayor Campbell stated that in this particular item there were two or three items they were going to revisit. He questioned, if they were to adopt Item 14 in total, if it would include those items. Mr. Cohn advised that it would. Stephanie Pellham stated she owns a lot in Delray Beach Shores which was addressed in Map 14. She would like the zoning to be such that they can still do what could be done if they were to remain in the County, i.e., place five units on the lot. The City's designation would not allow this because of the number of square feet needed per unit. Mr. Cohn advised that in order to allow five units on this parcel they would have to have an MF-M designation. The Planning and Zoning Board originally recommended MF-6 as there is a parcel to the north which is also RM-6 in the City. Council chose to go with the flexible designation of Low. His feeling is that if they wish to enable this property owner to maintain the maximum number of units allowed by the County that they designate the property MF-M with the understanding that when they do the Land Use Plan update that they redesignate the parcel to the north similarly to avoid spot zoning. Donald Mitchell, 1206 South Federal Highway, questioned what designation they have for Lambert Trailer Court which is addressed on Map 12. Mr. Cohn advised they have it designated as Commercial. Upon question by Mayor Campbell, Mr. Cohn advised that all of the changes discussed by Council are included with the Planning and Zoning Board's recommendation. Mayor Campbell requested, with Council's consensus, that Map 28 be pulled and that they vote separately on this. Mr. Bird moved that Item 28 be removed from the package and considered separately, 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. Upon question by Mr. Weatherspoon as to why they are con- sidering this item separately, Mr. Bird clarified that he is the broker of record on the parcel and will not vote on the issue. Mr. Bird left the Council Chambers due to a conflict of inter- est. Mr. Cohn advised that the Planning Department's recommendation to the P&Z Board was originally for multi-family high density, from 10 to 15 units an acre. Before the P&Z Board was able to discuss and reach a consensus, the property owner came up and objected to any considera- tion other than the commercial zoning which she had in the County. Staff's recommendation is that there be a high density residential designation. Mr. Weatherspoon moved to approve Map 28 as indicated, seconded by Mr. Dougherty. Upon question by Mayor Campbell as to why the P&Z Board's recommendation is for multi-family medium density as opposed to multi- family high density, Kathi Sumrall, P&Z Board, advised that they had originally talked about high density. However, Mrs. Dorson, owner of the property, came to their meeting and requested that the Board do nothing at all. Upon question by Mr. Dougherty, Mrs. Sumrall stated that she does not feel the Board would have a problem in going with the high density. Mr. Dougherty stated as he understands it the P&Z Board and staff were amenable to making the property MF-H; however, Mrs. Dorson misunderstood what was going on and asked them to do nothing at all. -7- 8/12/86 Mr. Cohn stated their concern, and part of the reason they recommended high density to begin with, is the fact that this area is zoned Neighborhood Commercial in the County and they could go in and build a shopping center tomorrow. They do not object to the Commercial designation on the southern portion along Congress. He suggested, as a compromise, that they designate the property in question MF-H and set it up to 12 units per acre rather than 15. Mr. Weatherspoon withdrew his motion, Mr. Dougherty withdrew his second. Mr. Dougherty moved to approve Map 28 as indicated except that the MF-M parcel would be designated MF-H, with a cap of 12 units per acre, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion FAILED by a 2 to 2 vote. Mrs. Horenburger moved to approve Map 28 as presented, 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. Mr. Bird returned to the Council Chambers at this time. Mayor Campbell stated there have been requests for changes to Maps 9, 11, 12, 14 and 32. It was the consensus to discuss these Maps and then approve the rest of the package. Map 9. Mr. Bird stated he feels they should take the existing trailer park site and designate it, in its entirety, as commercial. This would be the best way to stimulate some aggressive redevelopment in the area. The current zoning configuration is to place multi-family high density behind a commercial shopping center and he feels that they will end up with neither a good commercial shopping center nor a good residential development. Mayor Campbell stated that he feels this property should not go commercial at all and that it would be highly viable to go into an all residential development since it does have some water frontage. Mrs. Horenburger stated everyone is anxious to see redevelop- ment of this area; however, she is not sure which direction to go in. Whether it be residential or commercial, the development will be the key to what will happen to the north and the south of it. Mr. Bird moved to adopt Map 9 as recommended to them by the Planning and Zoning Board with the exception that the MF-H on the parcel to the extreme north of the map be changed to show the entire parcel as Commercial, 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 - No. Said motion FAILED by a 2 to 2 vote. Before roll call, Mayor Campbell stated he will be voting most vehemently against this as he feels there is excessive commercialization in this area and this particular tract is clearly a residential one. At this point the roll was called for the motion. Mr. Bird moved to adopt Map 9 as presented, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Map 11. Mr. Bird moved to approve Map 11 as presented. Said motion died for lack of a second. Mrs. Horenburger moved to approve Map 11 with a change to the parcels on the north and south sides of Linton Boulevard at S.E. 4th Avenue from Commercial to Office, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - No. -8- 8/12/86 Said motion FAILED by a 4 to 1 vote. Before roll call, Mr. Bird stated he has a problem with desig- nating properties which have just been developed as something they are not and putting them in the category of non-conforming uses. At this point the roll was called to the motion. Mr. Bird moved to approve Map 11 with the exception of the property on the south side of Linton Boulevard at S.E. 4th Avenue to be Office, 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 - No. Said motion passed with a 3 to 2 vote. Map 12. Mrs. Horenburger moved that all of the land, except for the Lambert Trailer Court which will remain Commercial, be designated MF-H, 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. Beril Kruger stated there was some misconception as to who was represented at the public hearing on this issue. He advised he is here tonight representing several residents from Silver Terrace. He presented Council with a map showing which residents in the area wish to have their property designated Commercial. Mrs. Horenburger stated she would either like to see the area to the west have Commercial deeper into Silver Terrace or eliminated entirely. She is hearing two different sides tonight and she is not sure what the majority of the residents in the area would like to see done to their property. Mr. Cohn stated that they are in the midst of their new Land Use Plan update. As part of that plan they are looking at several areas similar to this one where it may be appropriate, under some very tight controls and performance standards, to allow deeper commercial. He suggested that Council go with the MF-H designation for Silver Terrace now, with the understanding that they take a closer look at it in the Land Use Plan update. At this point the roll was called to the motion. Map 14. Mrs. Horenburger moved to approve Map 14 with the MF-L on Brooks Lane and A-1-A to be changed to MF-M, seconded by Mr. Dougherty. Mr. Cohn questioned if the MF-M designation is with the re- striction of up to five units as suggested, or anything within the range. Mr. Bird made a substitute motion to approve Map 14 with the MF-M designation to be five units maximum, 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. Map 32. Mr. Bird moved to approve Map 32 as presented, seconded by Mr. Weatherspoon. Mr. Weatherspoon stated it was the feeling of Council that the SF designation would be in the best interests of the City as the ACLF facility's longevity would not be that long. However, they have not heard differently and he questioned what would be an appropriate desig- nation to take care of the situation. Mr. Cohn advised staff had recommended MF-H which would have allowed all of the existing units on the property. Mrs. Horenburger suggested they designate the property M/I. -9- 8/12/86 Mrs. Horenburger made a substitute motion to approve Map 32 with the middle property on the north portion of the map which is designated SF to be M/I, 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 - No. Said motion passed with a 4 to 1 vote. Mrs. Horenburger moved to approve the remaining maps, not otherwise approved separately, in the Proposed Land Use Plan Amendments - County Pockets and Future Annexation Area, for transmittal to the State, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS 15. Mr. Bird moved for approval of the minutes of the Regular Meeting of July 22, 1986 and the Special Meeting of July 29, 1986, 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. 16.a.1. Mr. Bird advised that he will not be at next week's meeting. 16.a.2. Mrs. Horenburger stated, with regard to Sunday night's distur- bance, that in talking with some staff members a particular problem which has precipitated these events has been in connection with emer- gency rescue. She has been told that people are upset with the time it takes to transport the individual and do not understand the procedures. She feels a possible solution to the education problem in this regard would be for the Community Education division of the Police Department to go out into the schools and churches and let people know what the new methods are and why a patient cannot be transported immediately. She would like staff to begin those programs and look into those departments for any other problems they are seeing. Last year she inquired about Sensitivity Training and she feels they should look into the possibility of counselling service such as they have in Boca Raton. 16.a.3. Mr. Dougherty stated that he received a brochure which is put out by the Fire Department. He feels it is an excellent brochure and questioned if it is available in quantity as he would like to get copies for people he represents. 16.a.4. Mr. Dougherty stated, with regard to Sunday night's distur- bance, that he feels the Police Department responded very well in a situation which could have got out of hand and they should be compli- mented. He feels that they should also indicate to the County Sheriff's Department an appreciation of the quick response and their efforts in the same situation. It was the consensus of Council to communicate such an appreciation to the Sheriff's Department. 16.a.5. Mr. Weatherspoon stated he concurs with Mrs. Horenburger with regard to Sunday night. However, he also feels that as Council Members and parents they should drive home to their children that these in- cidents are not something to become a part of. Mrs. Horenburger left the Council Chambers at this time. 16.a.6. Mayor Campbell presented a proclamation proclaiming the week of August 24-30, 1986 as "Water and Pollution Control Operators Week". 16.a.7. Mayor Campbell asked for Council's concurrence to follow up on the County Commission's action this afternoon and suggested they hold a Special Meeting prior to the workshop next week. It was the consensus of Council to hold a Special Meeting on Thursday, August 14th at 5:15 P.M. 16.b.1. The City Attorney advised Council has been distributed an attachment of materials to the Commission on Accreditation for Law -10- 8/12/86 Enforcement Agencies. This is a contract between the City, the Police Department and that Agency to commence the procedures for us to receive accreditation by that Commission. There is an application fee of approximately $7,500 and the money would come from currently budgeted funds in the Police Department Budget. He needs a motion to approve the agreement with an addendum to the agreement. Mr. Bird moved to approve as advised by the City Attorney, 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. 16.c.1. The City Manager advised that Victoria Productions have changed their filming schedule to tomorrow at 8:00 a.m. Mrs. Horenburger returned to the Council Chambers at this time. 16.d.1. Alfred Straghn stated he is happy to see that Council is concerned with Sunday night's disturbance and feels that the Police Department acted fairly and professionally. He stated that Council and the citizens should be concerned and something has to be done to control our teenagers. 16.d.2. Jeanette Slavin requested that Council consider Item 40 as the first Item of the Regular Agenda. 16.d.3. Annetta Baldwin, 5431 W. Atlantic Avenue, attorney for the South Palm Beach County Chapter of the NAACP, advised she is here tonight because the NAACP is concerned about the treatment of the workers who are in the Union. It appears to them that the City is perhaps not acting in good faith and the City's representatives are bargaining in a regressive manner. She questioned why the negotiations are taking so long, why the payoff is not retroactive, if there were monies budgeted for wage increases were they done for all employees and if the City is committed to fairness to all its employees. Mayor Campbell stated that they are currently in negotiations regarding a current contract with the Union. Because of that they cannot negotiate at this public meeting. Rev. Semmie Taylor stated he feels that Council has the sym- pathy and intelligence to really look into these matters being brought up and not just listen to supervisors and head of departments. Alfred Straghn asked that the City Manager and Council con- stantly look into the allegations of harassment of employees. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 17. Requisition No. 1 - Regional Wastewater Treatment Plant Start-Up Allowance. Council is to consider authorizing payment of Requisition No. 1 to the following firms in the amount of $2,276.98 for plant expansion, with funds to come from the 1984 Revenue Bond: Video ×tron Newton's Radio/Tv Robert Rohack Mark Metcalf Rosner's Wilcox Consulting, Inc. Transcat Approval is recommended. 18. Requisition No. 10 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 10 in the amount of $109,793.10 for Regional Wastewater Treatment Plant expansion. Approval is recommended. 19. Ratification of South Central Regional Wastewater Treatment and Disposal Board action of July 17th Meeting. Council is to consider ratification of SCRWTD Board action relative to: -11- 8/12/86 a. Change Order No. Two - Part A (S.G. Phillips Constructors of Florida, Inc.), increasing the contract amount by $11,486.60. b. Change Order No. Two - Part B (Foster Marine Contractors), decreasing the contract amount by $12,639.32. c. Ratification of the Board authorizing payment to the City of Delray Beach for building permit fees. d. Ratification of the Board authorizing direct purchase of certain items for the plant expansion. e. Amendment to the S.G. Phillips Constructors of Florida, Inc. contract. f. Reduce the retainage of S.G. Phillips Constructors of Florida, Inc., to $500,000. This was approved 8-0 by the SCRWTD Board. 20. Soft Body Armor Vests. Council is to consider award of a contract to the low bidder, Lawman's and Shooters Supply for soft body armor vests for the Police Department to replace existing vests no longer guaranteed by manufacturer, not to exceed $24,000, with funds to come from the 1985/86 budget. Approval is recommended. 21. Uniforms - Police Department. Council is to consider award of a contract to the low bidder, Lamar, for Police uniforms and accesso- ries, not to exceed $45,000, with funds to come from the 1985/86 budget. Approval is recommended. 22. Request for Solicitation of Funds - League of Women Voters of South Palm Beach County, Inc. Council is to consider approval of solicitation from November 5 through November 15, 1986. Approval is recommended. 23. Contract between the City and Solid Waste Authority. Council is to consider authorizing execution of Amendment to Contract between the City and Solid Waste Authority. Approval is recommended. 24. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. Council is to consider approval of the following Housing Rehab Grant Awards: Low Bidder Location Amount E. Grimm, Inc. 225 S.W. 4th Avenue $11,456.00 E. Grimm, Inc. 507 S.W. 15th Avenue 11,429.00 Henry L. Haywood 305 Lincoln Lane 12,154.00 Funds are available in the Community Development Block Grant Program. Approval is recommended. 25. Easement Abandonment - Seabreeze Park. Resolution No. 39-86, abandoning a 10-foot utility easement within Lots 24 and 25, Block 156 of Seabreeze Park, located on the east side of Seabreeze Avenue between Atlantic Avenue and Lowry Street, is before Council for consideration. The caption of Resolution No. 39-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT UTILITY EASEMENT LOCATED WITHIN LOTS 24 AND 25, BLOCK 156, SEABREEZE PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST SIX (6) FEET THEREOF. (Copy of Resolution No. 39-86 is on file in the official Resolution Book) -12- 8/12/86 26. Emergency Medical Service Surcharge Award Program. Resolution No. 41-86, requesting a pro-rata share of the County Emergency Medical Service Surcharge Award Program funds, is before Council for considera- tion. The caption of Resolution No. 41-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING A PRO-RATA SHARE OF THE COUNTY EMERGENCY MEDICAL SERVICE SURCHARGE AWARD PROGRAM FUNDS. (Copy of Resolution No. 41-86 is on file in the official Resolution Book) 27. Nuisance Abatement. Resolution No. 42-86 assessing costs of abating nuisances in accordance with Section 13-13 on 18 parcels, is before Council for consideration. The caption of Resolution No. 42-86 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. 42-86 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, 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. Mayor Campbell declared a recess the time being 9:54 P.M. The meeting was reconvened the time being 10:00 P.M. REGULAR AGENDA Mrs. Horenburger moved that Item 40 be considered as the first Item on the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40. Consider Plat Approval - Delray Park of Commerce (Cedarwood). Mayor Campbell advised that they have received a request from the Cedarwood Company, because of time constraints, to consider an amendment to their approved plat. Jeannette Slavin questioned if any of the amendments to the plat change the plat with regard to the strip of land along Lake Ida Road, east of Congress Avenue. Mr. Cohn, Planning Director, stated that this plat was approved by Council in November of 1985. At that time there were a number of conditions of approval established on the plat. Prior to that time, when the property was rezoned from RM-10 to PCC, the ordinance approving the PCC similarly attached a list of conditions in regard to right-of- way dedications, improvements, etc. The Cedarwood Company has been proceeding with site plan approval, received site plan approval for two parcels at the northeast corner of the property, have been doing site -13- 8/12/86 improvements, as well as certain adjacent roadway improvements, and their intention was not to record the plat until their first Certificate of Occupancy which was a waiver Council had given them. Subsequent to that time, Cedarwood applied for an amendment to the plat which had been approved. The major changes they have made are to relocate some of the tract lines within the plat, changes to the water management tracts, changes in regard to location of some FP&L easements and certain other easements. What Council has before them tonight is a recommendation from staff and the Technical Review Committee for approval of the amended final plat with all of the conditions that still exist. They would recommend approval; however, given the nature of the conditions and the extensiveness of them, they would ask that the plat not be recorded until such time as all of the conditions are satisfied in the plat documents. Mrs. Horenburger moved to approve the plat as advised by Mr. Cohn, seconded by Mr. Bird. Before roll call the following discussion was had: Mrs. Horenburger questioned if Item 13 in Mr. Cohn's memorandum to Council reflects the bicycle path. Mr. Cohn advised that it does. Andy Carlino, representing Cedarwood, stated there are three conditions and one request that they would like to review. They are not conditions they would like to get out of; however, they need some clarification as there is some conflict between what the City and the County would like to see. He referred to Condition 3 of the Conditions of Approval and stated that the right-of-way on the County's Thorough- fare Plan is 108 feet from Congress east beyond 1-95. However, in bringing their design into the County, they indicated that they wanted an alternative design which was a taper; the taper being approximately 88 feet wide at Congress and tapering to a greater width of 182 feet. This means that they are short in the difference between the 88 feet and what the Thoroughfare Plan designates. He does not understand why the County is contradicting itself with its Thoroughfare Plan and what they say they want to see as right-of-way. Upon question by Mrs. Horenburger, Mr. Cohn stated he has no explanation for why the County might have indicated to Cedarwood not to meet the Thoroughfare Plan along a portion of their property. Normally, you have more right-of-way than the Plan requires at an intersection. It is true that the plat shows more right-of-way along the eastern portion as it gets closer to 1-95. In his conditions they are stating that Cedarwood should dedicate 108 feet along Lake Ida Road plus another 12 feet at Congress Avenue and at their entrance on Lake Ida Road for additional turn lanes later. If only 108 feet is dedicated, when Lake Ida Road is ultimately widened, there will be no right-of-way for turn lanes or intersection expansion. That is why staff indicated 24 feet at Congress, 12 feet to meet the Thoroughfare Plan and another 12 feet for turn lanes. At their entrance on Lake Ida Road, staff indicated 12 feet because they seem to have enough for the Thoroughfare Plan, but they may need more to put the turn lane back in. Mr. Carlino stated his client is willing to live with some kind of condition that, should the County require that right-of-way, they could take remedial efforts in the future. Mayor Campbell clarified that what Cedarwood is trying to state is that they relied more, in the development of their property, upon what the County represented they needed rather than on the Thoroughfare Plan. They now want relief and instead of conforming to the 108 feet Thoroughfare Plan distance they wish to conform to what the County said they actually need. Mr. Bird stated he agrees with Mr. Carlino and, barring some extraordinary explanation on the part of the County, he is not sure he understands what they are doing. He questioned how Council could word an approval and resolve this issue at a later date. He has no problem with trying to grant them some relief from the standpoint of getting the plat approval so they can move ahead with the business aspect; however, he has a real problem with approving the road section, as the County -14- 8/12/86 designed it, unless they can show him how it is going to work. He suggested that it be approved with the 108 feet in place, subject to a review at a later date and an ability of Council to revisit it. The City Attorney advised Council can amend the plat again at any time. Mr. Cohn stated that one of the conditions has always been, and is reflected here, that they would meet the 108 feet on the Thoroughfare Plan plus the right-of-way that is needed for turn land expansion. Mr. Bird stated that if they approve the motion as is currently on the floor it should cover all of that. Mr. Carlino stated that staff is asking for additional right- of-way to the Thoroughfare Plan right-of-way based on lanes which have yet to be determined as a need. The County claims that in a 180 foot right-of-way they can meet all the traffic needs. He questioned why they need to provide additional right-of-way. Mrs. Horenburger stated they have to have some kind of explana- tion to amend what they approved as a site plan and rezoning. Upon question by Mayor Campbell, Mr. Carlino stated what Cedarwood needs to do is get their plat approved and record it. Mr. Bird stated they can always amend the plat after it is recorded; how- ever, they will record it with the greatest possible restrictions and amend it after they have talked to the County. Mr. Carlino stated another condition of site plan and plat approval was to provide adequate right-of-way for Congress Avenue to accommodate the Thoroughfare Plan which was done in plat by dedication of an additional seven feet. This condition, essentially, was seven feet of additional right-of-way plus construct right and left turn lanes. This is a circumstance where they have felt they have met the condition and the Planning Department is saying something different. They coordinated with the County, designed and got permitted right and left turn lanes onto the property and met all the County's requirements. However, one of the lanes is a through right lane which, in a six lane section, is common practice. The Planning Department is now asking for an additional 12 feet of right-of-way so that not only will there be six lanes, there will also be a right turn. Cedarwood is suggesting that they not be asked for the additional 12 feet of right-of-way. Mr. Bird stated this seems to be another item to be adjusted when they meet with the County. Mr. Cohn stated it has always been staff's understanding that the additional right-of-way to be able to put the turn lanes back in is in fact a County standard. They have imposed this condition on various projects in the City. Mr. Carlino stated his client feels that N.W. 18th Street is not conducive to the Park and he is requesting that Council allow the name Park of Commerce Boulevard. The Post Office and Fire Department have to clear this. Mr. Cohn stated that the Fire Department would not approve this name. Mrs. Horenburger stated that they could have both the named street and the numbered street. Mayor Campbell clarified that Mr. Carlino has no problem with the motion as made except they would like relief from the two conditions mentioned above. He questioned what the consensus of Council is on this matter. Mrs. Horenburger stated they have not resolved all the ques- tions and issues with the County; however, she feels they should move on the motion as posed and then Cedarwood can come back and address the two issues at a later time. Mr. Carlino noted that there is a typo on Page 2 of the Plan- ning Department's memorandum. Item 6 should read "$64,594" not "$65,594". Mrs. Horenburger amended her motion to reflect the change to Item 6 that the contribution is $64,594, Mr. Bird amended his Becond. -15- 8/12/86 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. Desiqnation of Enterprise Zone. Resolution No. 40-86, desig- nating a locally approved Enterprise Zone in the City and adopting a program of local participation to be conducted in the Enterprise Zone if granted State approval, is before Council for consideration. The caption of Resolution No. 40-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN "ENTERPRISE ZONE" IN THE CITY PURSUANT TO CHAPTER 290, FLORIDA STATUTES; STATING THE PURPOSE OF THE DESIGNATION OF AN ENTERPRISE ZONE; ADOPTING A PROGRAM OF LOCAL PARTICIPATION TO BE CONDUCTED IN THE ENTERPRISE ZONE IF GRANTED STATE APPROVAL; AND FOR OTHER PURPOSES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 40-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 40-86, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 29. Enterprise Zone Application. Council is to consider approval of Enterprise Zone application. Approval is recommended. Mr. Bird moved to approve the application to the State for an Enterprise Zone, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 30. Final Statement for FY-86/87 Community Development Block Grant Program. Council is to consider approval of Final Statement of Objec- tives and Projected Uses of Funds for FY-86/87 Community Development Block Grant Program. Approval is recommended. Mrs. Horenburger moved for approval, 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. 31. Rental Rehabilitation Application and Program Description - FY 86/87. Council is to consider approving submission of Rental Rehabili- tation Application and Program Description for FY 86/87 to the U.S. Department of Housing and Urban Development, Approval is recommended. Mrs. Horenburger moved for approval, 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. 32. Statement for Services for Barwick Park. Council is to con- sider approving payment of invoice to Sanders Planning Group in the amount of $4,127.99 for services at Barwick Park from August 1, 1985 to May 31, 1986. Approval is recommended. Mrs. Horenburger moved for approval, 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. Weatherspoon questioned where they are in regard to the drainage pond. Mr. Weldon, Director of Parks & Recreation, advised they have monitored it after heavy rains and it seems the percolation is -16- 8/12/86 better and the water does not seem to be a standing problem. At this point the roll was called to the motion. 33. Tennis Pro Contract. Council is to consider authorizing execution of a two-year contract between the City and Tennis Profes- sional Ed Foster from October 1, 1986 to September 30, 1988. Approval is recommended. Mrs. Horenburger moved for approval, 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 does not feel there is much of a termination clause in the contract. The City Manager stated that the termination clause moves Mr. Foster from a classified position to a contract employee. As a classified employee he had complete right of appeal through the Civil Service Board for any type of disciplinary action or dismissal. They have never had any kind of real control over this operation and this contract is the first step. Upon question by Mrs. Horenburger, Mr. Weldon advised the City can terminate the tennis pro for violations of Civil Service Rules and Regulations; however, he will not go through the Civil Service and have the right of appeal. At this point the roll was called to the motion. 34. Fertilizers and Chemicals - Parks & Recreation Department. Council is to consider award of contracts to the following bidders for chemicals (pesticides, herbicides and fungicides) used in turf manage- ment throughout the year: Southern Mill $5,575.50 Helena Chemical 1,777.70 Sunniland 486.70 Total $7,839.20 Funds are to come from the 1985/86 budget. Approval is recommended. Mr. Bird moved to award the contract, 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. 35. Conditional Use and Site Plan Approval - Linton Professional Centre. Council is to consider a request for conditional use and site plan approval for Linton Professional Centre, a proposed 54,850 square foot office building in a four-story structure, with drive-thru banking facilities, located on the north side of Linton Boulevard, between S.W. 10th Avenue and Germantown Road. The Planning Director and Planning and Zoning Board recommend approval, subject to the following conditions: (1) That the site plan and conditional use approval be obtained prior to final plat approval. Concurrent review may be pursued. (2) No Certificate of Occupancy shall be issued to the project until such time as the left turn (eastbound) lane on Linton Boulevard at S.W. 10th Avenue is constructed. (3) The applicant shall participate in the improvements to S.W. 10th Avenue including providing a left turn lane into the center, by extending the southbound left turn land onto Linton, northward to the entrance. The im- provements from Linton Boulevard to the entrance shall be available prior to issuance of C.O. An agreement with the City, for the funding of improvements for S.W. 10th Avenue is required. (4) Road impact fees will be assessed at the time of building permit based upon the rates established by the County at that time. -17- 8/12/86 (5) Improvement plans should indicate proposed bikepath and sidewalk on Linton Boulevard and S.W. 10th Avenue respec- tively. (6) Drainage calculations - signed and sealed by a Profes- sional Engineer. Approval required prior to final plat approval. (7) Provide a twenty-eight (28) foot landscaped setback on Linton Boulevard. (8) A ten (10) foot landscaped setback be provided on S.W. 10th Avenue. (9) Provide a five (5) foot landscaped setback on the north side of the property. (10) The main business sign and its location must be approved by the Building Department and Community Appearance Board. (11) The developer shall contribute fifty cents per square foot for all the office building to be paid to the City of Delray Beach at the time of issuance of Certificate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the proj- ect's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. Mr. Bird moved for conditional use and site plan approval, subject to the conditions, seconded by Mrs. Horenburger. Before roll call the following discussion was had: Mike Botos, 919 N.W. 2nd Avenue, representing the developer, stated they have a problem with condition #11. Their objection is that they cannot distinguish why this particular use, i.e. office buildings, is required to pay the fee while other types and forms of development escape it. They feel it is an unfair segregation of this particular use, is not equitable and the conditional use should be approved without this condition. Mr. Bird advised that it was an agreement among three govern- ment entities that this was a method by which they were going to obtain the funding to do a needed improvement to relieve traffic pressure in the area. He does not know whether or not those other entities have entered into the agreements and are enforcing them; if they are not, then as far as he is concerned, the City of Delray Beach has no respon- sibility either to enforce it. Mayor Campbell stated he agrees that it is inappropriate for such small parcels. He questioned whether or not it is the consensus of Council to keep this condition. Mr. Weatherspoon stated he feels Mr. Botos has a valid point and that perhaps they need to look at adding other uses at a later date. Mrs. Horenburger stated that Mr. Bird's point is a good one; if the other municipalities in the County are not going to participate then they will be looking at not actually going along with the agreement. Upon question by Mr. Dougherty, Mr. Bird advised they have been collecting from other projects; however, they collected the funds with the proviso that it be paid to the City and the City would hold it until such time as they can identify that the other governmental entities are participating. If not, then those funds would be rebated or not col- lected depending upon the sequence of events. Mr. Dougherty suggested that perhaps they should leave the condition as is for the moment as they have an agreement to pay it back under certain conditions. -18- 8/12/86 Mayor Campbell stated it appears to be the consensus of Council to maintain the condition as it is for now. Mr. Bird asked that staff investigate whether or not other agencies are collecting this fund so that they can resolve this matter. Mayor Campbell advised that during the review of the site plans it was the consensus that the applicant should not have a pole sign and they have agreed to that. Mr. Bird amended his motion to include a prohibition on pole signs, 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. 36. Final Plat Approval - Linton Professional Centre. Council is to consider request for final plat approval for Linton Professional Centre, a proposed 54,850 square foot office building in a four-story structure, with drive-thru banking facilities, located on the north side of Linton Boulevard, between S.W. 10th Avenue and Germantown Road. The Planning Director and Planning and Zoning Board recommend approval subject to the following conditions: (1) No Certificate of Occupancy shall be issued to the project until such time as the left turn (eastbound) lane on Linton Boulevard at S.W. 10th Avenue is constructed. (2) The applicant shall participate in the improvements to S.W. 10th Avenue including providing a left turn lane into the center, by extending the southbound left turn lane onto Linton, northward to the entrance. An agree- ment with the City, for the funding of improvements for S.W. 10th Avenue is required. (3) Road impact fees will be assessed at the time of building permit based upon the rates established by the County at that time. (4) The developer shall contribute fifty cents per square foot for all the office building to be paid to the City of Delray Beach at the time of issuance of Certificate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and transmitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the proj- ect's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. (5) Provide a district boundary line separator on the site plan along the north property line to separate the commercial use from residential use. (6) That the site plan and conditional use approval be obtained prior to final plat approval. Concurrent review may be pursued. (7) Improvement plans shall indicate proposed bikepath and sidewalk on Linton Boulevard and S.W. 10th Avenue respec- tively. (8) Drainage calculations - signed and sealed by a Profes- sional Engineer. Approval required prior to final plat approval. (9) Over flood connection into proposed 24" RCP -- what happens if not built? The applicant will address this question in the drainage study. (10) Show all driveways/intersections existing or proposed along 10th Avenue within 150' of subject property includ- ing the southside of Linton Boulevard. (11) Utility easement locations on the plat and site plan are not consistent. Proposed plat indicates their location to be between 25 feet and 47 feet south of the north property line. The site plan indicates their location to be between 40 feet and 52 feet south of the north property line (5 foot discrepancy). -19- 8/12/86 Mrs. Horenburger moved for final plat approval, subject to the conditions, 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. 37. Ordinance No. 51-86 - Amending Zoning Code - Definition of Hotel and Supplementary Regulations. Ordinance No. 51-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of hotel, location of certain accessory uses and signage, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 26th. The City Manager presented Ordinance No. 51-86: 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, BY REPEALING SECTION 30-1 "DEFINITIONS", (45) "HOTEL", AND ENACTING A NEW SECTION 30-1 "DEFINITIONS", (45) "HOTEL", DEFINING HOTELS AND INCLUDING ANCILLARY USES WHICH ARE TYPICALLY ACCESSORY TO HOTELS; BY REPEALING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" , (R) "HOTELS AND MOTELS" , SUBSECTION (2) "LOCATION", AND ENACTING A NEW SECTION 30-17 "SUPPLEMENTARY REGULATIONS" , (R) "HOTELS AND MOTELS" SUBSECTION (2) "LOCATION", REQUIRING ACCESSORY USES TO BE LOCATED WITHIN THE BUILDING UNLESS CONDITIONAL USE IS OBTAINED; BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" (R) "HOTELS AND MOTELS" BY ADDING A NEW SUBSECTION (3) "SIGNS" TO PROHIBIT SIGNS DESIGNATING THE ACCESSORY USES ALLOWED IN CONJUNCTION WITH A HOTEL FROM BEING ATTACHED TO THE OUTSIDE OF THE HOTEL UNLESS AP- PROVED AS PART OF ANY CONDITIONAL USE APPROVAL OR MODIFI- CATION FOR THE PRIMARY HOTEL USE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 51-86 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 that this ordinance prohibits kitchens. He questioned what they would do if someone wished to construct a hotel which included some efficiency equipment. Mrs. Horenburger stated that it would then come under a new designation and would not be called a hotel, it would be called a residential suite. Mr. Bird advised he is also concerned about the same thing. There is a move toward hotel apartments and they do have those provi- sions. According to this definition they would be prohibited and he is not sure whether they want to do that. Mr. Cohn advised the reason for prohibiting kitchens in hotels specifically is that they do not have a density limit. It would ensure that someone would not come in under the guise of a hotel, put in a lot of small units and wind up serving as residential units as opposed to lodging. The City Attorney stated that when they have a kitchen that is how they define when they become a dwelling unit. Mrs. Horenburger stated she would not mind seeing the little burners or refrigerators in a hotel room; however, she would not like to have a full fledged kitchen. -20- 8/12/86 The City Attorney stated perhaps they should have staff look at the definition of what constitutes a kitchen more so than what consti- tutes a hotel. At this point the roll was called to the motion. 38. Ordinance No. 52-86 - Amending Zoning Code - Definition of Boarding and Rooming House. Ordinance No. 52-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to the definition of board- ing and rooming house, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 26th. The City Manager presented Ordinance No. 52-86: 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, BY REPEALING SECTION 30-1 "DEFINITIONS", (9) "BOARDING AND ROOMING HOUSES", AND ENACTING A NEW SECTION 30-1 "DEFINI- TIONS'' (9) "BOARDING AND ROOMING HOUSES" TO DEFINE THAT A BOARDING AND ROOMING HOUSE IS A BUILDING USED FOR RESI- DENTIAL HABITATION AND WHERE MORE THAN ONE OF THE PARTI- TIONED SECTIONS ARE OCCUPIED BY SEPARATE FAMILIES AND/OR RENT IS CHARGED SEPARATELY FOR THE INDIVIDUAL ROOMS OR PARTITIONED AREAS OCCUPIED BY THE RENTER OR OCCUPANT; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 52-86 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. 39. Ordinance No. 53-86 - Amending Code - Water and Sewer Charges. Ordinance No. 53-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances relative to service charge for returned checks, turning on of service, owner responsible for charges and resuming service after discontinuance for delinquency, is before Council for consideration on First Reading. If passed, Public Hearing will be held August 26th. The City Manager presented Ordinance No. 53-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 29-1 "SERVICE CHARGE FOR RETURNED CHECKS" BY AMENDING THE SERVICE CHARGE FOR RETURNED CHECKS TO INCREASE THE FEE FROM FIVE DOLLARS ($5.00) TO FIFTEEN DOLLARS ($15.00); BY AMENDING SECTION 29-20 "TURNING ON OF SERVICE" BY REQUIRING IDENTIFICA- TION; BY AMENDING SECTION 29-24 "OWNER RESPONSIBLE FOR CHARGES" BY ADDING A PROVISION UNLESS PROHIBITED BY LAW AND DEFINING DELINQUENT CHARGES TO INCLUDE COLLECTION COSTS AND REASONABLE ATTORNEY FEES; BY AMENDING SECTION 29-25 "RESUMING SERVICE AFTER DISCONTINUANCE FOR DELIN- QUENCY'' BY REQUIRING AN ADDITIONAL DEPOSIT; BY AMENDING SECTION 29-64 "TIME AND METHOD OF PAYMENT OF SERVICE CHARGE" BY ADDING A PROVISION UNLESS PROHIBITED BY LAW AND DEFINING DELINQUENT CHARGES TO INCLUDE COLLECTION COSTS AND REASONABLE ATTORNEY FEES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 53-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; -21- 8/12/86 Mr. Weatherspoon - No; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated, with regard to the check increase, he feels that the City should not be in a position to make money and the fee should be what it costs the City, administratively, to return the check. Dave Huddleston, Finance Director, advised that it is costing the City approximately $13.60 to process returned checks. The fee currently being charged is the lowest; the other cities fees run from $10 to $18. Upon question by Mr. Weatherspoon, Mr. Huddleston explained the procedures taken by the City when a check is returned. Mr. Weatherspoon stated he understands they have a mechanism in place that once an account is closed, and someone comes in to apply again to be turned on, that they can cross reference to see if that person has had a delinquent account. He suggested that perhaps they should also notify the property owner that there is a delinquent account and possibly help eliminate some of the lapsed accounts. Mayor Campbell clarified that Mr. Weatherspoon is suggesting that staff and the administration look at alternate methods, such as he indicated, and that they not impose the additional double deposit. Mayor Campbell stated that he agrees with Mr. Weatherspoon. He does not feel it will make that much difference, except create a hardship on the lowest economic sector, and will not solve the problem. Mr. Huddleston stated they reviewed the various ways to go about this. They looked at raising all deposits but felt that it was not fair to penalize those people who have paid on a current basis and they looked at having only the property owner come in and put up a deposit but that would cause a great deal of inconvenience to the owners who are not living in the area. Mr. Bird stated this ordinance may not help solve the problem but it is a start. He is prepared to pass it on first reading, and let staff and Mr. Weatherspoon look at it to try and come up with a better alternative. In the interim, they have some procedure in place and part of what they need to do is to get the returned check amount to an appropriate level so that they are covering their costs. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 11:30 P.M. Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of August 12, 1986, which minutes were formally approved and adopted by the City Council on -22- 8/12/86 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. -23- 8/12/86