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09-09-86 SEPTEMBER 9, 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 7:06 P.M., Tuesday, September 9, 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 Richard Barnes, Unity of Delray. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. The City Manager requested that Item 32 be removed from the Agenda and remanded to the October 7th Workshop Meeting. Mr. Bird moved to approve the agenda, as amended, 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. BUDGET CONSIDERATION 5. Tentatively Levying of Tax Rate. Resolution No. 46-86 relative to tentatively levying a tax on all properties within the City of Delray Beach, is before Council for consideration. Prior to consideration of passage of this resolution a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 46-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROPER- TIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (Copy of Resolution No. 46-86 is on file in the official Resolution Book) The City Attorney read the entire resolution. 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 Resolution No. 46-86, 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 - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty stated that the millage rate in this resolution is 5.9999 and he questioned how that was derived. He stated that this millage rate includes the deduction due to delinquent accounts as well as the amount of money which is deducted from that millage for the revenue producing this millage. The amount towards deduction which is allowed in this figure is approximately 10% of the total revenue. He feels they should go back and look at the 5.999 figure, reduce it and allow only 2 or 3 percent for deductions. David Huddleston, Finance Director, advised that the revenue collection trend which has been included in the ten year history within the audited financials, and also in the budgeted revenue projections, is based upon the revenues being at 95% of expected ad valorem base. Therefore, the total collection is already adjusted for the 95%. Upon question by Mayor Campbell, the City Attorney advised that at the September 23rd meeting Council could adopt a different millage downward. At this point the roll was called to the motion. 6. PUBLIC HEARING on the Federal Revenue Sharing. Mr. Huddleston advised that within the budget they have pro- jected the possibility of receiving $400,000 in Federal Revenue Sharing Funds which would be applied to police officers' salaries. Although it is somewhat doubtful that they will receive the funds, the Federal Revenue Advisory Service has recommended to municipalities that they include it in the public hearing process so that it has been complied with. If the revenue sharing funds are received in an amount equal to or less than the amount in the budget they would not have to come back for another public hearing. 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. 7. Tentatively Levying Appropriations for the 1986/87 Budget. Resolution No. 47-86, relative to making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1986 to September 30, 1987, is before Council for consideration. Prior to consideration of passage of this resolution a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 47-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1986, TO THE 30TH DAY OF SEPTEMBER, 1987; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 47-86 is on file in the official Resolution Book) The City Attorney read the caption of the Resolution. 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. Trudy Webb, Executive Director of Hospice by the Sea, stated they would like to request that Council pay for the caregiver of two patients which would amount to $5,800. Mayor Campbell advised that Council has allocated $10,000 in the budget to go to Hospice by the Sea. -2- 9/9/86 Phyllis Plume, 409 Lake Drive, questioned if there is any accrual out of the leases from the golf course from this current year in the net figure. Mr. Huddleston stated that each year the net income would go back to the golf course fund and be appropriated through the budget process. There is a reserve fund which stays in that enterprise opera- tion. Mrs. Plume stated that the golf course operation is a true user fee; they pay for the services they benefit by. However, the restaurant operation is an amenity and it is put into this account. The golfers spend most of their money on the one operation and instead of all the money being poured back into the course they see it going to capital improvements to the restaurant. Mrs. Plume stated when the golf course was turned over to the lessee many of the trees were dying and she feels that there should be some shade trees planted. Reverend Semmie Taylor questioned if there are any funds in the budget for the Little Rocks Football Team. The City Manager advised that there are. Rev. Taylor also questioned if the budget will affect the child care centers in the City. The City Manager advised that there is an increase in the funds this year for the centers. The public hearing was closed. Mayor Campbell stated that when they discussed the budget at their last workshop meeting they talked about the possibility of reduc- ing the budget further and they looked at several areas at which they could do that. Those areas included the General Operating Budget, Capital Outlay and additional use of unencumbered surplus funds. Mr. Weatherspoon moved to approve Resolution No. 47-86, second- ed by Mr. Dougherty. 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. Before roll call the following discussion was had: Mayor Campbell stated that he voted against the millage rate because it is unacceptable to him and he feels it is possible to make further reductions to bring it down. Discussion was had between Mr. Dougherty and the Finance Director regarding whether or not the gross revenues to the City are at 10% of the total amount which could be levied or at 5%. Upon question by Mr. Dougherty as to why they set the Debt Service millage at .7199, Mr. Huddleston advised that that figure when taken times 95% of the base ad valorem assessed value would give them the $1,228,000 which is required for the General Obligation Bond. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. Mr. Bird stated that last year they increased the taxes very moderately. He feels they made a mistake and should have added more money for more police officers. All in all he feels the budget is prudent; however, they could discuss whether or not there are some small areas of saving and would hope that they continue to seek those savings. Mrs. Horenburger stated that at this point there are so many improvements needed in the City that she cannot see cutting the budget back any further. Mayor Campbell returned to the Council Chambers at this time. Mr. Weatherspoon stated he would like to see the millage rate decreased; however, there are a lot of things needed to be done in the -3- 9/9/86 City with regard to capital improvements and infrastructure and, there- fore, he will support the proposed rate of 5.9999. Mayor Campbell stated that he feels the millage rate is not justifiable as he feels they are collecting taxes to put money in the bank, which is essentially what they are doing under this budget. He asked that Council look at unencumbered surplus and the capital outlay program before second reading as he feels there are more than enough funds and exceed the minimum recommendation made by staff. At this point the roll was called to the motion. PUBLIC HEARING 8. Ordinance No. 54-86 - Referendum Election. Ordinance No. 54-86, relative to providing for a Referendum Election to be held on November 4, 1986, concerning the Delray Beach Enclave Act, 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. 54-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION TO BE HELD NOVEMBER 4, 1986, CONCERNING THE "DELRAY BEACH ENCLAVE ACT" IN ACCORDANCE WITH CHAPTER 86-427, LAWS OF FLORIDA, WHICH PROVIDED THAT THE "DELRAY BEACH ENCLAVE ACT" SHALL TAKE EFFECT ONLY UPON ITS APPROVAL BY A SINGLE MAJORITY VOTE OF THOSE QUALIFIED ELECTORS WITHIN THE CITY OF DELRAY BEACH AND THE ENCLAVES THAT WOULD BE SUBJECT TO ANNEXATION UNDER THIS ACT VOTING IN A REFERENDUM TO BE HELD BY THE CITY OF DELRAY BEACH: SAID "DELRAY BEACH ENCLAVE ACT" PROVIDING FOR DEFINITIONS OF ENCLAVES AND THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH; PROVIDING FOR ANNEXATION BY ORDINANCE OF THE CITY OF DELRAY BEACH OF SUCH ENCLAVES WITHIN THE GENERAL BOUND- ARIES OF THE CITY OF DELRAY BEACH AS SAME EXISTED ON FEBRUARY 28, 1986; PROVIDING FOR ANNEXATION OF AGRICUL- TURAL USE ENCLAVES; PROVIDING FOR NOTICE; PROVIDING THAT THE PROVISIONS OF CHAPTER 171, FLORIDA STATUTES, EXCEPT- ING SECTION 171.042, SHALL NOT APPLY; PROVIDING FOR APPLICABILITY ONLY WITHIN THE GENERAL BOUNDARIES OF THE CITY OF DELRAY BEACH, WITH CERTAIN EXCLUSIONS FROM SAID GEOGRAPHIC AREA; PROVIDING FOR CONTINUATION OF EXISTING USES IN SUCH ENCLAVES UNDER CERTAIN CONDITIONS, UNTIL TITLE TO THE SUBJECT PROPERTY IS TRANSFERRED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 54-86 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. June Carr, Miami Boulevard, stated she represents a simple majority of property owners in Silver Terrace who are against the Delray Beach Enclave Act and feel that the Enclave Act is discriminatory. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 54-86 on Second and FINAL Reading, 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. Ordinance No. 55-86 - Southern Bell Franchise. Ordinance No. 55-86, authorizing and granting to Southern Bell Telephone and Telegraph Company, a franchise for a period of 10 years, is before Council for -4- 9/9/86 consideration. 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. 55-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND GRANTING TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY PERMISSION TO USE THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING AND MAINTAINING LINES OF TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER FOR A PERIOD OF TEN (10) YEARS; SETTING STANDARDS FOR THE PERFORMANCE OF WORK; PROVIDING FOR A FRANCHISE FEE OF ONE PERCENT (1%) AND OTHER CONSIDERATION; PROVIDING FOR INDEMNIFICATION BY THE COMPANY; PROVIDING THE TERM AND EXPIRATION DATE; PROVIDING FOR FORFEITURE OF THE FRAN- CHISE; PROVIDING FOR REQUIRING CITY COUNCIL APPROVAL FOR TRANSFER OF RIGHTS UNDER THE FRANCHISE; PROVIDING FOR LIMITATION OF THE FRANCHISE; PROVIDING FOR ACCEPTANCE OF THIS ORDINANCE; PROVIDING FOR POLICE POWERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR RENEGOTIATION; PRO- VIDING FOR COPIES; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-86 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. Weatherspoon moved for the adoption of Ordinance No. 55-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mayor Campbell stated that when he checked on Linton Boulevard as to why it is taking so long, they placed the blame on FP&L and Southern Bell. He requested that Mr. Burson, Area Manager, check on this and get back to him. At this point the roll was called to the motion. 10. Ordinance No. 56-86 - Amending Zoning Code - Adult Congregate Living Facilities. Ordinance No. 56-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow adult congregate living facilities as a conditional use in certain zoning districts and establishing parking and supplementary regulations, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-86: 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 ADULT CONGREGATE LIVING FACILITY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" TO DELETE SUBSECTION (T) "ADULT CONGREGATE LIVING FACILITIES" IN ITS ENTIRETY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (T) "ADULT CONGREGATE LIVING FACILITIES", PROVIDING MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL REGULATIONS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIREMENTS", (4) "MISCELLANEOUS USES", (b) -5- 9/9/86 "ADULT CONGREGATE LIVING FACILITY" BY ADDING "ONE-HALF OF THE REQUIRED PARKING MAY BE PROVIDED ON GRASS, IF PERMIT- TED BY THE CITY"; AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DIS- TRICT'', (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "ADULT CONGREGATE LIVING FACILITIES, SUBJECT TO SEC. 30-17(T)"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 56-86 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. 56-86 on Second and FINAL 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. 11. Ordinance No. 57-86 - Amending Zoning Code - Continuing Care Facilities. Ordinance No. 57-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow continuing care facilities as a conditional use in certain zoning districts and providing supplementary regulations, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-86: 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 CONTINUING CARE FACILITY; AMENDING SECTION 30-1 "DEFINITIONS" TO DELETE SUBSECTION (101) "LIFE CARE RETIREMENT COMMUNITY" IN ITS ENTIRETY; AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS" BY ENACTING A NEW SUBSECTION (Y) "CONTINUING CARE FACILITIES", PROVIDING MINIMUM FLOOR AREA REQUIREMENTS AND SPECIAL REGULATIONS; AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D) "PARKING REQUIREMENTS", (4) "MISCELLANEOUS USES", (o) "CONTINUING CARE" TO DELETE "PLUS 1 PER EVERY 4 BEDS IN THE NURSING FACILITY"; AMENDING SECTION 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CON- TINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CON- DITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACIL- ITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) "CONDI- TIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8.2 "PRD-7 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE -6- 9/9/86 "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESIDENTIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CON- DITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", (C) "CON- DITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CON- TINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DIS- TRICT'', (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A CONDITIONAL USE "CONTINUING CARE FACILITIES, SUBJECT TO SEC. 30-17(Y)"; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8.3 "PRD-10 (PLANNED RESI- DENTIAL) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOP- MENT PLAN APPROVAL (SEC. 30-22)"; AMENDING SECTION 30-8.5 "PRD-M (MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT) DISTRICT", (C) CONDITIONAL USES" TO DELETE "LIFE CARE RETIREMENT COMMUNITIES, SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL (SEC. 30-22)"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 57-86 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. 57-86 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. 12. PUBLIC HEARING on the adoption of a Master Redevelopment Plan for the Community Redevelopment Area of Delray Beach. Public Hearing was continued from the September 2nd Special Meeting. Sam Schwimer, Pines of Delray, stated that there was an article in the newspaper which stated that the CRA has no plans to do anything about housing for the next 5 to 10 years. The plan evolves around the South County Courthouse to be built on West Atlantic Avenue and the commercial and office it will generate. He feels that the community is not a center for commercial enterprise; it is a place for people to live and enjoy their lives. One of the things Delray needs is redevelopment and rehabilitation of the community as it exists today and that is what should be included in this plan. -7- 9/9/86 James Bowen, 116 Marine Way, stated he feels that to get benefits from the plan the CRA should lo°k at improving the appearance and access to the back doors of Atlantic Avenue businesses as that is where the parking is. Also, definite improvements, other than cosmetic, are needed from the FEC tracks westward. Paul Spizer, 990 Casuarina Road, stated that the plan submitted by the CRA considers the retail shopping core to be East Atlantic Avenue from the FEC railroad to the Intracoastal Waterway. In limiting the retail shopping core to this area, the CRA has reinforced the widely held idea that everything west of the railroad right-of-way is on the wrong side of the tracks. He asked that the shopping core designation be extended to Swinton Avenue. Annetta Baldwin, 5341 West Atlantic Avenue, attorney represent- ing the NAACP, stated that they are here tonight to recommend that Council adopt a strong, affirmative action component to the CRA resolu- tion. They are suggesting that the plan set aside 25% in employment opportunities and 25% in procurement opportunities from any ensuing redevelopment encompassed by the master plan. Kevin Egan, Chairman of the Atlantic Avenue Association, stated that the merchants' association endorses the plan and feel that this plan will stop the downtown area from becoming another slum. Barbara Smith, J.B. Smith Jewelers, stated that she has been working for several years on the concept of working to better the core of Delray Beach. She feels this plan is a very comprehensive plan and given time will answer a lot of the questions which have been raised. The public hearing was closed. Mayor Campbell stated that the plan is a beginning structure and that some of the comments made tonight would not preclude further considerations and/or amendments at a later time. 13. Community Redevelopment Plan. Resolution No. 49-86, approving a Community Redevelopment Plan for Downtown Delray Beach, is before Council for consideration. The City Manager presented Resolution No. 49-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A COMMUNITY REDEVELOPMENT PLAN FOR DOWNTOWN DELRAY BEACH; FINDING THAT THE PLAN CONFORMS TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED AND MAKING FURTHER FINDINGS PURSUANT TO FLORIDA STATUTES SECTION 160.360(7) (b); PROVIDING FOR FURTHER COMMITMENTS BY THE CITY; PROVIDING FOR AN EFFECTIVE DATE. (Copy of Resolution No. 49-86 is on file in the official Resolution Book) The City Attorney advised that in their consideration of Resolution No. 49-86 Council would adopt, by reference, Exhibit A which is the plan. For the record, he believes that the plan as presented in the spiral notebook would be as amended by the Planning Department's memorandum and the memorandum which was delivered to Council this evening from the Community Redevelopment Agency. Mr. Bird moved for the adoption of Resolution NO. 49-86, as amended by the two documents cited, seconded by Mrs. Horenburger. Mr. Dougherty stated he would like a clarification of the memorandum they received from the CRA tonight. It states that no redevelopment projects inconsistent with the City's Comprehensive Plan may be initiated until suCh time that Plan is amended or approved. He feels this is stating that the CRA will say to Council what they want changed and they will not do anything until it is approved. He ques- tioned if it is possible, in a sense, that the CRA is asking that the City amend the Comprehensive Plan recognizing that if they do not they cannot move ahead. -8- 9/9/86 Ken Simback, Acting Director of the CRA, stated that if you place that paragraph in the context of its location within the plan it is speaking specifically to the effective date of the plan itself. If it will assist or make the statement clearer they can add the words "the Comprehensive Plan is amended and approved by City Council". Mr. Bird amended his motion to include the additional language as suggested by Mr. Simback, Mrs. Horenburger amended her second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mayor Campbell stated, with regard to Mr. Dougherty's comments, that by Law, Council is the authority which can change the Comprehensive Plan. The City Attorney clarified that the first statement of the amended language would be essentially that "actions by the CRA following adoption of the plan will require that the City Council concur with requested amendments to the Comprehensive Land Use Plan". Mrs. Horenburger stated there is a concern about housing not being included in the plan. There are two other agencies in the City who are concerned in dealing with the housing problems and if there is a problem it can be addressed through the Housing Authority and the Community Development Program. Mr. Weatherspoon stated they do have two other agencies who deal with housing; however, there are also two other agencies which deal with the downtown area and those are the Downtown Development Authority and the Chamber of Commerce. Overall, he agrees with concept of this plan as proposed by the CRA. However, he feels they should look towards rehabilitation of the area west of Swinton. He feels if they truly want a redevelopment plan a certain percentage, perhaps 10%, should be allocated specifically to the rehabing. Mayor Campbell stated he would concur, to some degree, with what Mr. Weatherspoon said in that he would like to see some funds being allocated to a housing trust fund. Tom Lynch, member of the CRA, stated that one of the major items is to keep the downtown strong and by doing that you are also strengthening the community. The CRA is recommending that there be low income subsidized housing programs and other arrangements made for fixing up houses. They will be involved in this; however, they cannot put a dollar amount on it. If they do not do this program right the housing will not improve and neither will the commercial. They have to start at the premise of where the money is going to come from. They are not a taxing authority and the only place they get money is from the increment of increased taxes from new developments. Unless they encour- age development they will have no money to do anything; therefore, they have to start in the commercial area. They will be reviewing the plan every year and are only asking that Council allow them to be flexible. Housing is an integral part and they want to allow the plan to be as flexible to adapt to what is needed, short-range and long-range. Mr. Bird suggested that they go ahead and approve this plan and ask the Housing Authority, Community Development and the CRA to come back to them with a comprehensive plan on a yearly basis of what each is going to do, where their effort is coming from and how they are going to participate. Mr. Weatherspoon made a substitute motion that they amend the plan to reflect that a minimum of 10% would be allocated, on an annual basis, for the rehab program to be administered by the Community Block Grant Program. Said motion DIED for lack of a second. At this point the roll was called to the motion. PROCEDURAL ITEMS -9- 9/9/86 14. Mr. Bird moved for approval of the minutes of the Regular Meeting of August 26, 1986, seconded by Mr. Weatherspoon. 15.a.1. Mr. Weatherspoon questioned the status of the ordinance amend- ment relative to the replatting requirements. The City Attorney advised there is now a draft in its final stages; however, it not only addresses replatting it also completely revises the Subdivision section of the Code which is why it has taken this long. 15.a.2. Mr. Weatherspoon stated Council received a letter from the City's Auctioneer Jim Graham who had a concern with the policy under- taken to confirm all auto sales. In his opinion this is hurting the auction. The City Manager advised the procedures used now by the City are the same ones used for many years. They never had this complaint until another auctioneer was utilized. 15.a.3. Mrs. Horenburger stated she understands there has been a request from Perry DonFrancisco to be appointed to the alternate vacancy on the Code Enforcement Board. Mrs. Horenburger moved to appoint Perry DonFrancisco as an alternate member to the Code Enforcement Board, 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. 15.a.4. Mrs. Horenburger stated that they are having enormous code enforcement problems and the State Laws that govern the City are pretty confining. She would like to ask staff to set up some meetings and have Richard Bauer, Code Enforcement Officer, the City Attorney and the Chairman of the Code Enforcement Board meet with Kathy Daley, the City's Legislative Affairs person, and sit down and have some meetings with regard to the possibility of changing some of the State Laws and having a lobbying effort this year. Mrs. Horenburger left the Council Chambers at this time. 15.a.5. Mr. Bird stated he noticed in his agenda package that they once again have the illegal creation of additional housing units. The Planning and Zoning Board have studied this and, appropriately, decided not to deal with it. This brings it back to Council and he feels they are going to have to take action on it. If the policy is to abide by the Zoning Code then they will have to abide by it. 15.a.6. Mr. Bird stated that Item 24 on the Consent Agenda deals with beach sand. He questioned if this resolution ever went before the Council of Governments and if it did was it ever approved. Elaine Roberts advised that it did not go before COG. Mr. Bird requested that the COG representatives take the resolution to their next meeting and add the City's voice to the others. 15.a.7. Mr. Dougherty stated that over the last three or four weeks Council has been receiving memos regarding appointments to the Planning and Zoning Board. He understands that there are four vacancies and three members have been asked to be reappointed. Since there are so many candidates he feels they should consider how they are going to make the selections. Mayor Campbell stated he is familiar with all the candidates and feels that if any Council Member is not familiar with any of them it is incumbent upon that person to contact the candidates. Mr. Bird asked that staff revise the form and put the educa- tional experiences of the people on it. 15.a.8. Mr. Dougherty stated he received a few complaints about dust and road conditions on Congress Avenue mainly due to the two concrete -10- 9/9/86 plants there. He feels they should bring this to the attention of the County and DOT. 15.a.9. Mayor Campbell stated that he has had discussions with the County regarding the delays on Linton Boulevard. They stated that the reason is that they have not made all the changes to FP&L and Southern Bell; however, they thought they were all done. They also made the excuse that the FEC track changes had not been made for the crossing. It has been nine months since they have been working there. He re- quested that the City Manager give him the name of who they deal with at FEC and he will call the person and ask why there has been no change made. 15.a.10. Mayor Campbell presented a proclamation proclaiming September 15-19, 1986, as "Delray Beach Industry Appreciation Week". 15.a.ll. Mayor Campbell presented a proclamation proclaiming September 21, 1986, as "Iron Overload Diseases Awareness Day". 15.b.1. The City Attorney stated that Council was furnished some information regarding Laughlin Development Corporation. They have received a request for a change order to the asbestos removal contract for the golf course restaurant, the north water plant and the south water plant. When the contract was submitted to the City they felt that the insurance requirements that the contractor had for 1/2 million dollars was inadequate for the type of work they were doing. The City requested, through their insurance people, a review of the contract and they recommended a million dollar coverage. Laughlin has obtained the million dollar coverage; however, the additional cost to add the cover- age is $4,417.81 and they are requesting that as an increase in their contract price. Mr. Weatherspoon moved to approve the change order to increase the contract price by $4,471.81, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 4 to 0 vote. Before roll call the following discussion was had: Mr. Dougherty stated the health hazard involves several things one of which is the number of particles which would exist in the atmo- sphere and the other is the time of exposure. He feels that the time of exposure in this case is so minimal that it almost borders on the ridiculous to increase the insurance coverage. Upon question by Mr. Bird, the City Attorney advised that the coverage is protecting their's and the City's interest as an additional insured if claims were made that they failed to properly do what they needed to do under the contract. The City Manager advised that, except for the south water plant, the buildings will be shut down and there will be no City employees there. At this point the roll was called to the motion. Mrs. Horenburger returned to the Council chambers at this time. 15.c.1. The City Manager stated that Council was furnished a memorandum relative to the naming of the Public Safety Facility. Mr. Bridges, the architect, received a request to name the building after the Sterling family and calling it the Sterling Building. He asked for Council's direction on this. Mr. Bird suggested that perhaps they should name that area the Sterling Government Complex. This would leave the ability on the part of those who might choose to call the Police Building the Kennedy Building to do so. Discussion followed with regard to different suggestions for the building. -ii- 9/9/86 Mrs. Horenburger stated they are getting into an awkward situation here and she is not sure that she is ready to vote on anything tonight. The City Manager advised that the Sterling family has requested that if they do name it after them that it be referred to as the Henry J. Sterling Building. Mr. Weatherspoon moved that they name the Public Safety Facili- ty building the Henry J. Sterling Building, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Abstained; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote with Mrs. Horenburger abstaining. 15.d.1. Dr. William Echols, member of the Human Relations Committee, stated that at last week's workshop meeting one matter that was referred to had to do with clarification of expectations of Council for their special committee. Upon question by Mayor Campbell, the City Attorney advised that a document has been prepared. Dr. Echols stated he feels that the document prepared, rather than being a supplementary statement, is a substitute statement of purpose. He feels that there is some clarification needed. If they take the new wording with the deletion of the word "sponsor" they would be out of order in having meetings in the City unless they came to Council and they directed that they should. Mayor Campbell suggested that this be placed on the agenda in two weeks as a ratification of policy and requested that Council note the comments made by Dr. Echols. The City Attorney advised that when Council reviews the memo- randum he sent they should note the wording there is intended to be explanatory and supplementary to the resolution, not a substitute for the resolution's language. Mr. Bird suggested that it may be better for Council to adopt, by resolution, a replacement for the preceding two resolutions. This would eliminate any confusion. The City Attorney questioned if Council wishes him to draft a new, all encompassing resolution. Mayor Campbell stated that he could also draft a new resolution. 15.d.2. Virgil Norris stated that he found out that there is no City authority to clear the trash from the streets. He feels that in order to have a clean City they should have some authority to pick up the trash. 15.d.3. Mr. Norris stated he feels that the CRA should spend some time and money considering all other options in case the County decides not to build the courthouse on West Atlantic Avenue. 15.d.4. Bill Rayburn stated that approximately six months ago a peti- tion was presented to Council regarding the abhorrent operation of the restaurant at the golf course. He questioned what, if anything, has been done about this. He would like the attention of Council to be redirected towards this issue. 15.d.5. Larry Sweatte, Boynton-Delray Beach Exchange Club, stated that they are trying to get a circus in the Delray Beach area on October 29th to tie in with the finale of the Diamond Jubilee. They have been looking at the land on Lake Ida Road which is owned by the City and have determined that the area is large enough to hold the circus. Any proceeds from the circus would be used for their prevention of child abuse program. They were informed this morning that there is an ordi- nance against holding a circus in the area. In checking further they found out that there is the possibility of obtaining a temporary stay on -12- 9/9/86 this ordinance due to the fact that it will be for one night only. He would like Council to consider allowing this. Mayor Campbell stated he does not mind the idea of having a circus; however, he does not like the Lake Ida Road location. The City Attorney advised that Council has three major issues to consider with regard to this request: (1) Chapter 4 of the Code specifically prohibits circuses and carnivals City-wide, so there would need to be a direct exception made to a prohibitive ordinance; in addition to that, Council would have to grant an amendment or exception to the noise control ordinances; (2) they have the issue of a request to utilize City property for such an activity and (3) there is a new ordinance in place concerning waivers of ordinances which would require Council to advertise such a waiver unless they find that this is an emergency not created by the applicant. Mayor Campbell stated that this is a more complicated issue than they are supposed to be addressing under citizens comments. He suggested that Mr. Sweatte get with the City Manager and City Attorney to try and refine this. If there is a time period they will try to accommodate him and have either a Special Meeting or put it on next Tuesday's agenda. 15.d.6. Don Dornbass, 2320 Spanish Trail, referred to an article which appeared in the Sun Sentinel regarding the problem with automobile dealers and the need for tighter regulations. Mayor Campbell advised that they have deferred this item from tonight's agenda and it will be coming up again on the October 7th workshop where they will be going into this in detail. 15.d.7. Jesse Hubbel, Vice-President of PROD, stated that at last week's meeting the CRA representative stated that they expected substan- tial funds from Beautification Bond Issue monies to assist in the CRA project. He feels this should be limited to the extent that would be expended if there was no CRA. With regard to housing, he finds himself in opposition to Mr. Weatherspoon's position in that the CRA's responsi- bility in the matter is only to those who are displaced by CRA activi- ties. The housing problem should be addressed by the Housing Authority. CONSENT AGENDA Mr. Bird stated he has a question relative to Item 21. The City Manager advised, with regard to Items 20 and 21, that there is a typographical error and the funds should come from the 1985/86 budget. Mr. Bird stated he assumed that was a typo; however, his question is relative to the bidder. He thought they had a procedure that they would buy in Delray. The City Manager stated there were six bidders and only Miller Dodge from Delray offered a bid in the amount of $11,577.35. Mayor Campbell stated there is only a difference of $27. Council has repeated their preference to offer bids to dealers within Delray as long as there was not a significant difference. He suggested that they remove this Item from the Consent Agenda and place it on the Regular Agenda. The following items were considered by Council as the Consent Agenda: 16. Requisition No. 11 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 11 in the amount of $163,358.30 for Regional Wastewater Treatment Plant Expansion. Approval is recommended. 17. Issuance of Conditional Certificate of Occupancy - Emmanuel Catholic Church. Council is to consider a request for issuance of a 90 day conditional CO prior to plat approval for Emmanuel Catholic Church, 15700 South Military Trail. Approval is recommended. -13- 9/9/86 18. Request for Solicitation of Funds - Community Chest Services, Inc. Council is to consider approving solicitation from February 1 through February 28, 1987. Approval is recommended. 19. Tropic Palms Drainage - Heron Drive at Albatross Road. Council is'to consider award of a contract to the low bidder, Larry L. Wilson, Inc., in the amount of $58,979.75, with funds to come from the drainage budget. Approval is recommended. 20. Rotary Mowers - Parks and Recreation Department. Council is to consider award of a contract to the low bidder, Hector Turf, for one 62" mower and one 72" mower, for a total cost of $16,505.00, with funds to come from the 1985/86 budget. 22. Nuisance Abatement. Resolution No. 45-86, assessing costs in the amount of $5,500.00 for abatement action regarding demolition of an unsafe building located at 102 S.E. 2nd Avenue, is before Council for consideration. The caption of Resolution No. 45-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON 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 ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 45-86 is on file in the official Resolution Book) 23. Nuisance Abatement. Resolution No. 48-86, assessing costs of abating nuisances in accordance with Section 13-13 on 14 parcels, is before Council for consideration. The caption of Resolution No. 48-86 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; PRO- VIDING 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; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 48-86 is on file in the official Resolution Book) 24. Disposal of Beach Sand. Resolution No. 50-86, opposing the disposal of beach quality sand at an offshore site within Palm Beach County by the U.S. Army Corps of Engineers, is before Council for consideration. The caption of Resolution No. 50-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE DISPOSAL OF BEACH QUALITY SAND AT AN OFFSHORE SITE WITHIN PALM BEACH COUNTY. (Copy of Resolution No. 50-86 is on file in the official Resolution Book) -14- 9/9/86 Mr. Bird moved to approve the Consent Agenda with the removal of Item 21 to become 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. Before roll call the following discussion was had: Mr. Dougherty stated, with regard to Items 20 and 21, that both these vehicles were deleted from the proposed budget. Mr. Bird advised that they are to be funded out of this years budget, not next years; there is a typo in the agenda. The City Manager advised that these vehicles were requested in the 1986/87 initial budget. They re-reviewed the Parks and Recreation Department's budget and found that ample funds were available in his current budget. Therefore, they made a decision to take the funds from this year's budget. Mr. Dougherty suggested that, in the future, they refer items to the exact account in the budget. The City Manager stated they do not normally put in the specific code numbers as Council does not adopt a budget by specific line item. Mayor Campbell stated the agenda could reflect which department's funds it is coming from. At this point the roll was called to the motion. REGULAR AGENDA 21. Pick-Up Truck - Fire Department. Council is to consider award of a contract to the low bidder, Steve Moore Chevrolet, for a replace- ment 3/4-ton pick-up truck in the amount of $11,550.00, with funds to come from the 1985/86 budget. Mr. Bird moved that they accept the bid of the second low bidder, Miller Dodge, in the amount of $11,577.35, with funds to come from the 1985/86 budget, 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. Before roll call the following discussion was had: Mr. Bird stated that he would like to see a compilation of who bid what for these types of items. This will give Council an op- portunity to see where the other bidders are. At this point the roll was called to the motion. 25. Voting Delegate - Florida League of Cities. Council is to consider selection of one Council Member to serve as the City's Voting Delegate to the 60th Annual Florida League of Cities Convention, Septem- ber 18-20, 1986. Mrs. Horenburger moved to nominate Mr. Weatherspoon as the City's Voting Delegate to the 60th Annual Florida League of Cities Convention, 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. 26. Consultant - Organization and Staffing Study. Council is to consider short listing of management consulting firms. The City Manager recommends ranking as follows: a. Mercer/Slavin, Inc. b. Deloitte, Haskins & Sells c. Public Administration Service d. Cresap, McCormick and Paget -15- 9/9/86 Mr. Bird stated that he feels which firm does the study is less of an issue than how this study should be conducted and who the consul- tant should report to. If Council contracts with the consultant direct- ly the reports to them are one product; if the City Manager is a portion of the contract and he makes the decision and directs the study then you may get an entirely different result. One of the things Council does not do well is an objective evaluation of the City's management team and he feels it is one of their responsibilities. There was a suggestion made that perhaps they should have some people from the community as an ad hoc group to conduct the study and make the determination for them. However, he feels that if there are specific recommendations they will come with greater weight and objectivity if they come from a consultant directly to Council, not the administration. Mrs. Horenburger stated that she feels hiring a consultant at this point may be precipitous. Last year she participated in the Directions 85 Conference held in Port St. Lucie and it was a fruitful and successful venture. It is her understanding that the City of West Palm Beach thought that that Conference was so successful they are going to hold one in their City. They will be discussing what direction their city is going in, what policies they might want to see implemented, what programs are needed and a reorganizational look at the city. She feels Council should wait to see how the Directions conference in West Palm Beach goes in November and think about implementing it in the City of Delray. Mr. Weatherspoon stated they need to be able to have some measurement of how well the City Manager and the Department Heads are running the City. He feels a Directions conference is not the answer; they need some people with expertise in those areas to be able to come into the City and review what they are doing and make recommendations. Mr. Dougherty stated that if they undertake such a study it should be directed by Council. He feels it would be a good idea to have consultants take a look at what they are doing, how they are doing it and how efficient they area. They can give a lot of input with regard to budget preparation and the experience of having looked at many cities. One of the proposals did propose that there be a liaison person who would be appointed as the director of the study. He feels that they should have the study made, that it should be under the auspices of Council and that they appoint a third party outside the City government. Mayor Campbell stated that he feels this is a waste of time and is an indirect indictment of the City Manager as he should be competent enough to be able to advise Council of what is going on in the City. They hire him to be the professional manager of the City and they do not need to bring in a consultant to tell him how to do his job. Mrs. Horenburger left the Council Chambers at this time. Mr. Bird moved that the City Manager be directed to contact the short list, ask them to recast their proposals as a direct contract to Council, because they may choose to make some amendments to their language, that that list be provided to Council at the earliest possible opportunity and that Council will appoint a person from the public to be the liaison, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 1 vote. Mr. Dougherty left the Council Chambers at this time. 27. Panagos Office Buildinq - Water Service Aqreement/Site Plan Approval. Council is to consider a request for a water service agree- ment and site plan approval for the Panagos Office building, a proposed 8,200 square foot office development, with attendant storage facilities, located on the east side of North Federal Highway, between the Delray Drive-In Theatre and Gulfstream Boulevard. The Planning and Zoning Board and Planning Director recommend denial. Upon question by Mayor Campbell, Robert Cohn, Planning Direc- tor, stated the reason for recommending denial is that there is some concern over the use being proposed for the property. The applicant was -16- 9/9/86 requested to comply with the Zoning Code as stipulated in the water service agreement, particularly in relation to parking. They indicated they could not agree and stated they would prefer to have it denied rather than agree with the City's Zoning Code. Mr. Bird moved to approve the water service agreement/site plan approval for the Panagos Office Building, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 0 vote. Mrs. Horenburger returned to the Council Chambers at this time. 28. Ordinance No. 41-86 - Amending Zoning Code - Foster Homes and Group Homes. Ordinance No. 41-86, amending Chapter 30 "Zoning" of the Code of Ordinances to provide minimum distance requirements between group homes and other residential care facilities, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 23rd. The City Manager presented Ordinance No. 41-86: 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 30-8.8 "FOSTER HOMES AND GROUP HOMES" (H) "SPECIAL REGULATIONS", (2) TO PROVIDE MINIMUM DIS- TANCE REQUIREMENTS OF 1,500 FEET BETWEEN GROUP HOMES AND OTHER RESIDENTIAL CARE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 41-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 29. Ordinance No. 58-86 - Amending Zoning Code - Special Landscap- ing Requirements. Ordinance No. 58-86, amending Chapter 30 "Zoning" of the Code of Ordinances to require additional landscape buffering along Federal Highway, Dixie Highway and West Atlantic Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 23rd. The City Manager presented Ordinance No. 58-86: 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 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (H) AND ENACTING A NEW SUBSECTION (H) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR FEDERAL HIGHWAY; BY AMENDING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" BY ENACTING A NEW SUBSECTION (R) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR DIXIE HIGHWAY; BY REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS", SUBSECTION (K) AND ENACTING A NEW SUBSECTION (K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 58-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 30. Ordinance No. 59-86 - Amending Zoning Code - Alcohol and Drug Abuse Treatment Facilities and Abused Spouse Residences. Ordinance No. -17- 9/9/86 59-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to amending distance requirements for alcohol and drug abuse treatment facilities and abused spouse residences, is before Council for consider- ation. If passed, Public Hearing will be held September 23rd. The City Manager presented Ordinance No. 59-86: 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 AMENDING SECTION 30-17 "SUPPLEMENTARY REGULATIONS", SUBSECTION (V) "ABUSED SPOUSE RESIDENCE", (3) (b) TO AMEND THE DISTANCE REQUIREMENTS TO 1500 LINEAR FEET; BY AMEND- ING SECTION 30-17 "SUPPLEMENTARY REGULATIONS", SUBSECTION (X) "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", (5) TO AMEND THE DISTANCE REQUIREMENTS TO 1500 LINEAR FEET; PROVIDING A SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; P~.OVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 59-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Dougherty returned to the Council Chambers at this time. 31. Ordinance No. '60-86 - Lakeview Golf Club Rezoning. Ordinance No. 60-86 relative to rezoning a 5.24-acre parcel from R-1AA (Single Family Dwelling) District, in part, and R-1AAA-B (Single Family Dwell- ing) District, in part, to R-1AA (Single Family Dwelling) District, located on the west side of Dover Road, between Linton Boulevard and Sherwood Boulevard, is before Council for consideration on First Read- ing. The land is designated SF (Single Family) on the City's Land Use Plan. If passed, Public Hearing will be held September 23rd. The City Manager presented Ordinance No. 60-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND R-1AAA-B (SINGLE FAMILY DWELLING) DISTRICT, IN PART, TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT, A PARCEL OF LAND LYING AND BEING IN THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE WEST SIDE OF DOVER ROAD, BETWEEN LINTON BOULEVARD AND SHERWOOD BOULEVARD AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 60-86 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. 33. Ordinance No. 62-86 - Establishment of Redevelopment Trust Fund. Ordinance No. 62-86, relative to establishing a Redevelopment Trust Fund to finance the Community Redevelopment Plan for Downtown Delray Beach, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 23rd. The City Manager presented Ordinance No. 62-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A REDEVELOPMENT TRUST FUND PURSUANT TO SECTION 163.387, FLORIDA STATUTES; ALLOCATING THE FUNDS APPROPRIATED THERETO TO FINANCE THE COMMUNITY -18- 9/9/86 REDEVELOPMENT PLAN FOR DOWNTOWN DELRAY BEACH; APPROPRI- ATING A "TAX INCREMENT" TO SAID TRUST FUND; DELEGATING TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY AUTHORITY TO ESTABLISH AND ADMINISTER SAID FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND FOR NON- CODIFICATION. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 62-86 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. 34. Ordinance No. 63-86 - Amending Zoning Code - Minimum Floor Area Requirements. Ordinance No. 63-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to minimum floor area requirements for multi-family housing in certain zoning districts, is before Council for censideration on First Reading. If passed, Public Hearing will be held September 2~rd. The City Manager preseDted Ordinance No. 63-86: 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 30-6.5 "RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MUL- TIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7 "RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-7.5 "RH (MEDIUM HIGH TO HIGH DENSITY DWELLING) DIS- TRICT'', (E) "AGGPEGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-8 "RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT", (E) "AGGREGATE FLOOR AREA" TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; AMENDING SECTION 30-8.7 "RO (RESIDENTIAL OFFICE) DISTRICT", (E) "AGGREGATE FLOOR AREA", (1) TO REDUCE THE MINIMUM FLOOR AREA REQUIREMENTS FOR MULTIPLE FAMILY DWELLING UNITS; PROVIDING A SAVING CLAUSE; PRO- VIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE LATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 63-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned what the objective is of reducing the floor space in those areas. Mr. Bird stated that some of the affordable housing has been designed to smaller floor areas. One of the people who came before Council proposing a rental project had a modular unit which came out to 576 square feet; the City's code would require 600 square feet. He cannot redesign the unit because it is manufac- tured. Mayor Campbell stated he feels this is a backward direction and they would be caving in to the developers. At this point the roll was called to the motion. -19- 9/9/86 35. Watermain Construction. Council is to consider authorizing the following projects be awarded to Southern Pipeline, Inc., in order to avoid future conflicts: Case 1 - Congress Avenue and Old Germantown Road - Approximate cost - $24,000.00. Case 2 - Congress Avenue near Hardrives - Approximate cost - $37,000.00. Case 3 - Linton Boulevard north along Germantown Road realigned - Approximate cost - $35,000.00. Funds are to come from the 1985 Capital Outlay and Germantown Watermain account. Approval is recommended. Robert Pontek, Director of Public Utilities, advised they now have the prices tied down and have made some improvements to accommodate other projects which will be coming in in the future. The revisited costs are as follows - Case 1 - $19,500; Case 2 - $49,016 and Case 3 - $39,671. Mr. Dougherty stated there was no definition in the backup as to what work is going to be done. He feels that, in the future, Council should have the opportunity to check the figures to make sure they are reason.~,bie. Mr. Pontek advised Council of the work being done in each case and why the amounts have been changed. Mr. Dougherty moved to approve the projects as amended by Mr. Pontek and to waive the bidding, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared the meeting adjourned at 10:55 P.M. MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 9, 1986, which minutes were formally approved and adopted by the City Council on ,x~.~. ~//~. City 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. -20- 9/9/86