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09-23-86 SEPTEMBER 23, 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 7:05 P.M., Tuesday, September 23, 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 Dr. Wallace Mast, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 3.a. Mr. Robert Miller, Coach of the Delray Beach National Little League All Girls Softball Team, introduced the girls on the team who are the District 7 Champions of Florida and the Section 2 Runners Up. He also introduced the dignitaries of the League and the coaching staff. Mayor Campbell read and presented a proclamation honoring the Delray Beach National Little League Girls 11 and 12 All Star Softball Team for their second consecutive District Championship. 4. The City Manager stated it has been requested that the Delray Park of Commerce be added to the Regular Agenda. There were a number of issues that needed to be worked out and they were finally concluded yesterday. Mrs. Horenburger moved for agenda approval with the Delray Park of Commerce to be added to the Regular Agenda as Item 31, 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. BUDGET CONSIDERATION 5. Levying of Tax Rate. Resolution No. 51-86, relative to 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. 51-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO 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. 51-86 is on file in the official Resolution Book) The City Attorney read the Resolution in full. 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. Elaine Roberts, 312 North Swinton Avenue, questioned if there is an appropriation in the budget for the City Hall expansion. Mayor Campbell advised that under the current capital outlay there is an appropriation. Mrs. Roberts questioned why the money is in the budget when they probably will not expend it in the next year. Mayor Campbell advised they will be discussing this after the public hearing is closed. Mrs. Roberts stated she is glad to see that they have started paving the streets; however, she hopes that once that is completed they will provide for sidewalks. Elizabeth Matthews, 1024 White Drive, member of the Beautifica- tion Trust Committee, stated that they are requesting that Council allocate some money for the proposed medians in a separate line item; it is her understanding that it was not done. The public hearing was closed. Mrs. Horenburger stated she has a concern with appropriating 1.3 million dollars for the expansion and/or improvement of City Hall. She feels it would be prudent to cut 1 million dollars from that amount and leave the remaining portion to begin studies and plans of all the City's facilities and land. She discussed this today with the City Manager and Finance Director and also asked about the proposed 1% franchise fee on the telephone system. With those two items taken into account they could reduce the millage rate to 5.8124. Mr. Weatherspoon stated that he has no problem with reducing the millage rate and, in his opinion, feels it would be appropriate to take out the funds contemplated for the City Hall expansion. Mr. Bird stated they have an opportunity to fund some needed capital improvements out of a special fund which has been set up, the proceeds of which may or may not be available to them in future years. Mayor Campbell stated it is his understanding that it would net a cost to the City for the first year and that by eliminating that cost it would affect the millage rate by about 11 cents. Mr. Huddleston, Finance Director, advised it would be a net cost to the City for the first year. What they are really doing is trading 1986/87 for a year at the end of the 20 year cycle. The concept of the program is that as monies are paid back they will try to make those monies again available for later draws. They are also going to try and guarantee that if a City only draws half of their amount that the remaining monies will be available. Upon question by Mrs. Horenburger, Mr. Huddleston advised that at the 5.8124 millage rate it is cutting out the 1.3 million dollars of the Capital Improvements. Mr. Bird stated that if they are in for 1/2 million dollars, they could leave the City Hall funding in and determine that they are not going to take the money until after the first quarter. This would save them more money than if they took 1 million out. Mr. Dougherty stated that Council had a Capital Improvements program presented to them which was scheduled over a five year period and amounts to 5 million dollars. He questioned how they arrived at that figure as he used what was in the budget and it does not amount to that. The City Manager stated that if you total the listings in the budget you are not going to come to the figures presented tonight. After they completed the initial budget the new financing program came along and they pulled a lot of programs that were in the General Operat- ing Revenues or revenues from their special funds. They checked to see how many of those programs they could put together in a package under the financing program. Therefore, the amounts in the budget will change from what was projected in the original 10 million dollars. Upon question, Mr. Huddleston advised that if they were to take the 1 million out they would be looking at a balance of approximately $355,000 to fund the Capital Improvements program. The nice part of the -2- 9/23/86 new program is that it allows some flexibility; it is not a project defined borrowing, it is an availability of funding and the reliability and credit worthiness of the City of Delray Beach. They can take the money in increments, over a period of time, and not be obligated for the interest until they draw it. Mr. Bird moved for the adoption of Resolution No. 51-86, seconded by Mr. Weatherspoon. Mr. Huddleston advised that there is a typographical error in Section 1 of this resolution. Where it reads 5.999 it should read 5.28 for the operating millage only. Mayor Campbell stated he will have to oppose the adoption of the millage at 5.9999 as it does not take into consideration the addi- tional revenue which will be coming to the City from the increase base on the taxes they will levy from utilities. Mr. Bird stated they do not have a figure on what additional costs they are going to bear as they go through the provisions of the Enclave Act. He does not know that they can determine what the new utility tax is going to produce either. Based on the experiences of some cities, their revenues were over exaggerated in their budget calculations and they have experienced significant problems in dealing with the smaller carriers of long distance. He does feel they should take advantage of the program as it is presented. However, he feels that it may be over subscribed and they should try to protect themselves with the low cost borrowing. He would like to see the full Capital Improvements program brought before Council for discussion to prioritize it. Mayor Campbell stated he would urge that Council not adopt the motion since Mr. Huddleston has, essentially, told them that they can make the adjustment in the Capital Outlay regarding City Hall, if not the total funding package. If they adopt the 5.9999 millage rate they are taxing people to put money in the bank and he feels that is very imprudent. If they adopt the suggested figure of 5.8124 they can still maintain everything that they have in the current operating budget and have a viable program without the need to add surplus to surplus. Mrs. Horenburger made a substitute motion to approve Resolution No. 51-86 with an amendment to it that the millage rate be changed to 5.8124 and that the other figures in the Resolution addressing the millage be adjusted accordingly, seconded by Mr. Dougherty. 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. Before roll call, the City Attorney and Mr. Huddleston advised Council of what the changes to the Resolution would be. 6. Federal Revenue Sharing. A Public Hearing on the Federal Revenue Sharing has been scheduled to be held at this time. 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. Semmie Taylor stated that many of the residents of Delray have left to go to other cities because of housing. The City of Boca Raton uses some of the funds from their Federal Revenue Sharing to completely raze houses and rebuild them. He feels that Council should consider this. The public hearing was closed. 7. Appropriations for the 1986/87 Budget. Resolution No. 52-86, relative to making 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. -3- 9/23/86 The CJ~;y Manager presented Resolution No. 52-86: ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLOR]DA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 1986, TO THE 30TH DAY OF SEPTEMBER, 1987; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WI~]~ RESPECT TO THE ITE5~ ¢~F APPROPRIATIONS AND THEIR PAYMENT. i~NL TO REPEAL ALL RESOLUT/~i~ AND ORDINANCES WHOLLY IN CONFI.iCT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION ~'O THE EXTENT OF SUCH INCONSISTENCY. (Co~y cf Resolution No. 52-86 ~.£ on file in the official Resolution Book) Mr. Huddleston advised Council of the appropriate changes in the Revenue Line Items with regard to the change they just made in the tax ~illage. Mrs. Horenbuz'9~:~-m~.ve~ for the adoption of Resolution No. 52-86 incorporating the changes as outlined by Mr. Huddleston, 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 .:~ ~ to 0 vote. PUBLIC HEARING Mrs. Horenburger left the Council Chambers at this time. 8. Ordinance No. 41-.E6 - Amending Zoninq Code - Foster Homes and Group Ho~es. Ordin~nc~ ~o. 4!-86, amending Ch~p~:.~ 30 "Zoning" of tke Code of Ordinances to provide minimum distance requirements between group homes and other residential care facilities, is before Council for consideration on Second and F%MAL Reading. Prior to consideration passage of this ordinance on Second and FINAL Reading, a puh}Jc ha~zing has been scheduled to be held. at this time. The City Manager presented Ordinance No. 41-86: AN ORDINANCE OF THE CITY COUNCIL OF TI~ 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 MIN~MU~ DIS- TANCE REQUIREMENTS OF 1,500 FEET BETWEEN GRO?~ HOMES AND OTHER RESIDENTIAL CARE FACILITIES; PROVIDING A GENERAL REP~L~-~}~ CLAUSE; PROVIDi~G A SAVING CLAUSE; PR¢~VIDING AN EF~i£1~VE DATE. (Copy of Ordinance No. 41-86 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 Delrey Beach, Florida. The public hearing was closed. Mr. Weatherspoon moved fo~ '~ke adoption of Ordinance No. 41-86 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll ca~l Council voted as follows: Mr. 5~rd - Yes; Mr. Doughe~:ty - Yes; Mr. Weather:~pocn - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 7. Th,~, City Attorney advised that Council did not sufficiently open and close the public hearing on Resolution No. 52-86. Mr. Bi~'~ mo'v~ to r,~'~]l Item 7 on the agenda. ~,~:solution No. 52-86, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr'. Bird - Yes; Mr. Dcugherty - Yes; Mr. Wea't}ers~poon - Yes; Mayor Ca~pbell - Yes. Said motion ~.assed with a 4 to 0 vote. -4- 9/23/R~ 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 reapprove Resolution No. 52-86 as amended, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 58-86 - Amending Zoninq 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 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. 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 SETBACE 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. (Copy of Ordinance No. 58-86 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 returned to the Council Chambers at this time. Mr. Weatherspoon moved for the adoption of Ordinance No. 58-86 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Dougherty questioned if this ordinance would be discrimina- tory since they are singling out a segment of the community. The City Attorney advised that as long as they have a rational basis for deter- mining that they need to be treated differently then they could defend those kinds of allegations. It is his understanding that because of the widths of the roads, and their designation as major arterials as well as their impact as entranceways, that is the factual basis as recommended by the Planning and Zoning Board. Mr. Bird stated he understands the rationa~ as provided by the City Attorney; however, he would find it difficult to categorize Dixie Highway as either a divided, major or arterial road. Robert Cohn, Planning Director, stated that as far as Dixie Highway is concerned, the Board and staff's feeling was that they wanted to do whatever they could to upgrade the appearance of an arterial road in the City, whether or not its divided. However, they did recognize the fact that there are some smaller parcels of land in certain portions of Dixie Highway and because of that, rather than applying the 30 foot building setback, the ordinance provides for the same 10% provision in regard to building setbacks as landscape area. Mrs. Horenburger stated she feels that Dixie Highway is a well travelled road and is being improved and expanded in the Boca area. She -5- 9/23/86 agrees with the Board that along that road they need whatever improve- ments they can get. Mr. Bird made a substitute motion that they adopt Ordinance No. 58-86 with the deletion of Dixie Highway, deal with that issue and come back at a time when they can either justify it in conformance with some definition that would be equally applicable to the full length of all the roads involved, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the City Attorney advised that the substitute motion would delete the paragraph in the caption of the Ordinance relative to Dixie Highway, delete Section 2 and renumber the following sections appropriately. At this point the roll was called to the motion. 10. Ordinance No. 59-86 - Amending Zoning Code - Alcohol and Drug Abuse Treatment Facilities and Abused Spouse Residences. Ordinance No. 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 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. 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; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 59-86 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. 59-86 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. 11. 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 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. 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 -6- 9/23/86 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". (Copy of Ordinance No. 60-86 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. 60-86 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 - No. Said motion passed with a 4 to 1 vote. Before roll call, upon question by Mayor Campbell, Mr. Cohn advised that the net increase is approximately 4 to 6 units. Mayor Campbell stated he has a policy of voting against increases in density. At this point the roll was called to the motion. 12. 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 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. 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 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. (Copy of Ordinance No. 62-86 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 he is not against a redevelopment trust fund; however, he feels the redevelopment program is not being directed towards the redevelopment which is necessary in this community. He feels they need to provide the homes for people which will then provide the sources for commercial centers to thrive. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 62-86 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PROCEDURAL ITEMS -7- 9/23/86 13. Mr. Dougherty moved for approval of the minutes of the Regular Meeting of September 9, 1986, 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. Mayor Campbell stated that at the last regular meeting Mr. Dougherty brought up the subject of vacancies on the Planning and Zoning Board. They have received a great number of applications and he sug- gested that the City Manager collect all of the names and resumes, put them together in a packet and distribute it to Council. Council can then make the appointments at a Special Meeting next week. 14.a.1. Mr. Dougherty stated he feels Council should discuss the Capital Improvements program at their next workshop meeting. They should not only approve the projects, but also the schedule and this should be done as soon as possible. He requested that Council consider this for their next workshop and have all the materials presented and available. 14.a.2. Mr. Dougherty stated that in reviewing the budget he noticed that they put the golf course and restaurant in one figure. He would like to see, in the future, that they be carried as two separate items so that they can identify the revenues and costs from both facilities. 14.a.3. Mr. Dougherty questioned the status of the Management Study proposals. The City Manager advised they have talked to all four firms; several of them are planning on resubmitting their proposals and one has indicated that they are going to leave their proposal as is. He expects to receive all the proposals within two weeks. 14.a.4. Mr. Bird stated that in the spring they allocated funds to take care of the air conditioning at the golf course and, to date, the work has not been done. He would like the City to meet their goals as they are more important than the procedures. 14.a.5. Mrs. Horenburger stated, with regard to the air conditioning at the golf course, that she has heard one of the problems is the fact that it is turned on just before people come into the restaurant, not early enough to cool the room. She requested that staff suggest that some policy be established on the part of the operators to see that this is done. 14.a.6. Mrs. Horenburger stated that at the Florida League of Cities meeting a resolution was brought forward regarding drug related crimes and asking that the Legislature call a special session to address those issues. There was some concern on the part of the Resolutions Committee that the Legislators would be too busy to address this problem so it was passed on to another committee and not adopted. She spent several days amending the resolution to address more specifically drug related crime. She was later informed that a report is coming to the Legislature in November and that they would like a week or two to absorb that report. Mayor Campbell made a presentation to the General Body and the amended resolution was passed. The League of Cities was going to be sending this resolution to various County Leagues and asking that all cities adopt it. Mr. Bird moved that they adopt the Resolution approved by the Florida League of Cities and direct that the City Attorney draft it in City form for submission to the Legislature, seconded by Mrs. Horenburger. The City Attorney presented Resolution No. 54-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO CONVENE IN SPECIAL SESSION FOR THE PURPOSE OF DEVELOPING SPECIFIC SOLUTIONS TO THE RISING CRISIS OF DRUG-RELATED CRIME WITHIN FLORIDA'S BORDERS. 8 9/23/86 (Copy of Resolution No. 54-86 is on file in the official Resolution Book) Mr. Bird made a substitute motion to approve Resolution No. 54-86, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14.a.7. Mrs. Horenburger stated she read an article this morning regarding the Aid to Victims of Domestic Assault facility which is located in the City of Delray Beach. In the budget they did appropriate $4,000 as a contribution to that facility; however, they are having great difficulty finding donations and funds to support it. She sug- gested that Council ask surrounding cities, who are also served by this agency, and the County to look at their funding of the facility. Mrs. Horenburger moved that the City of Delray Beach look to their Contingency, or another fund, and come up with another $6,000 to round it off to a $10,000 contribution, just so they can keep their doors open until they can find some other funding, seconded by Mr. Weatherspoon. Mr. Dougherty stated he has no problem with giving them $10,000. However, he feels that Council should really come up with a policy to put a limit on these requests. He suggested that it be placed on the next agenda. Mayor Campbell requested that this item be placed on the next agenda for discussion of a potential policy on how to handle charitable, benevolent contributions. Mr. Weatherspoon stated his only concern is that they have not received anything officially in writing from the facility stating what their budget is like. He does not feel that Council should allocate any money to any organization based on what is read in the papers. Mrs. Horenburger amended her motion to require that before any disbursement of funds the agency give Council a copy of their budget and make a presentation, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion FAILED by a 3 to 2 vote. Before roll call Mr. Bird stated he is going to vote no on the motion because they have not established the policy; not because he does not recognize the need. He would like to see the policy before they do the expenditures. At this point the roll was called to the motion. Mr. Bird moved that this be added as a special agenda item of policy to follow the workshop next week and that someone from the facility bring the information so that Council can review it, 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. 14.a.8. Mrs. Horenburger stated, with regard to the Public Hearing portion of the agenda, that she feels that Council should be prepared to answer any questions the public might have. 14.a.9. Mr. Weatherspoon stated, with regard to a memorandum Council received in their agenda package, that the Fire Department rendered a service to a citizen and that individual took the time to send a memo thanking them for the professional service. He feels this is worth noting as most of the time people do not take the time to say thank you. 14.b.1. The City Attorney stated Council was furnished a copy of his September 17th memorandum concerning the appointment of the new Assis- tant City Attorney. He is recommending that Council appoint Susan Ruby as the new Assistant City Attorney; however, as she has yet to be sworn -9- 9/23/86 in to the Bar she would be appointed as a Law Clerk and, immediately upon her being sworn in, she would be elevated to Assistant City Attor- ney I position. Her salary would be $20,000 to start and upon her elevation it would rise to $27,500. The other terms and conditions are outlined in his memo. Mr. Bird moved to approve the appointment as outlined by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14.c.1. The City Manager stated that Council received a letter from the County Intergovernmental Affairs Office relative to the establishment of a County/City workshop which the Board of County Commissioners have been talking about. He has been asked to find out whether or not Council would be interested in doing something like this. If so there are three questions: (1) what the meeting date should be - they are recommending November 12th or 19th; (2) the items they would like to have on the agenda and (3) location or site. Mayor Campbell suggested that Council think about things they may want to discuss and they can talk about it next Tuesday. Mrs. Horenburger advised that since the letter was sent it has been determined that the location would probably be Palm Beach Junior College and that they are primarily concerned with problems regarding communication. 14.c.2. The City Manager stated, with regard to the tennis court lights at Pompey Park, that the Director of Parks and Recreation has been working on getting this program accomplished. They have been able to make some appropriate transfers of money and would like them committed from this budget. They have taken bids and Randy Enterprises is the low bidder at $12,960 with funds to come from existing funds within the Parks and Recreation budget. Mr. Bird moved to award the bid to Randy Enterprises in the amount of $12,960 with funds to come from the Parks and Recreation budget, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14.c.3. The City Manager stated that at the next meeting he will be bringing up the subject of the widening of Congress Avenue near IBM. The City is working with FP&L in securing additional right-of-way as the road will be so wide and will cause a major conflict. 14.a.9. Mayor Campbell presented a proclamation proclaiming Sunday, October 12th as "Fallen Firefighters Memorial Day". 14.a.10. Mayor Campbell stated he would like Council's concurrence that there be a motion to adopt a rule of procedure to change the form of the agenda to put all official proclamations prior to the public hearings, perhaps between Items 3 and 4. Mr. Weatherspoon moved that they adopt a rule of procedure to have all official proclamations between Items 3 and 4, 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. 14.d.1. Elizabeth Matthews, 1024 White Drive, stated that having seen the interminable amounts of time it takes for people who get contracts with the City to deliver or take action, she wonders if there is any way to determine whether or not the contractor is able to deliver, or has the capacity to do so. She feels that they may be better off paying a little more and taking a reliable person for City projects. 14.d.2. Elaine Roberts, 312 North Swinton Avenue, stated that at some time or another action is taken on an item which does not appear on the -10- 9/23/86 agenda. She requested that Council not take action on anything which is not on the agenda. Mrs. Roberts also requested that whenever they have many applicants for positions on City boards that they make available the names. 14.d.3. Mrs. Roberts stated that crime affects everyone in the City. She advised that she has been collecting newspaper articles for some time and read a few of them which contained information on how other cities have dealt with the problem. 14.d.4. Reverend Semmie Taylor stated he feels the CRA is doing a very good job with regard to housing; however, the projections are a little lengthy before they do something for the housing needs. 14.d.5. Reverend Taylor stated, with regard to Dixie Highway, that he feels they have an acute problem with this road and they need to look at it very carefully. 14.d.6. Reverend Taylor stated that the City is spending $75,000 for a consultant firm to tell them what they are doing. He feels they have the intelligence to make their own decisions and do not need anyone else. Mrs. Horenburger left the Council Chambers at this time. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 15. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of September llth Meeting. Council is to consider ratification of SCRWTD Board action relative to: a. Authorization for the Executive Director to accept portions of the ongoing plant expansion for Partial Utilization, prior to Substantial Completion. b. Approval of the Capital Expenditures portion of the Operating Budget for Fiscal year 1986/87 (to be assessed 50% to City of Delray Beach and 50% to City of Boynton Beach). c. Increase of the Wholesale Sewer User Charge to $.538 per thousand gallons. d. Approval of the Operating Budget for Fiscal Year 1986/87, including a new Table of Organization. 16. Land Use Plan Contract - Solin and Associates, Inc. Council is to consider amendment to contract between the City and Solin and Associ- ates, Inc., to include an increase in the cap on reimbursable expenses from $5,260 to $7,000, for a total contract price of $42,000. Approval is recommended. 17. Irrigation System - Barwick Park. Council is to consider award of a contract to the only bidder, Windmill Sprinkler, for the irrigation system at Barwick Park in the amount of $10,750.29, with funds to come from the 1985/86 budget. Approval is recommended. 18. Community Development Block Grant Program Activities - Housing Rehabilitation Grant Award and Contract Award. Council is to consider approval of the following Housing Rehab Grant Award. Low Bidder Location Amount Henry L. Haywood 613 S.W. 8th Avenue $15,719 Funds are available in the Community Development Block Grant Program. Approval is recommended. 19. Application - Barwick Park, Phase II. Resolution No. 53-86, authorizing application to Florida Department of Natural Resources for funds in the amount of $73,550 for Phase II of Barwick Park, is before Council for consideration. The City's share would be $36,850, with funds to come from the 1986/87 Capital Improvement Program. -11- 9/23/86 The caption of Resolution No. 53-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLICA- TION TO THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES REQUESTING AND SETTING FORTH THE NEED FOR FUNDS IN REGARD TO: DEVELOPMENT OF BARWICK PARK PHASE II. (Copy of Resolution No. 53-86 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 20. The City Manager requested that Item 20 be pulled from the agenda. Council had requested that when a dock is constructed that the adjoining neighbors be notified; he was informed that the neighbors were not in this case. Mr. Bird moved that Item 20 be removed from the Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 21. Medical Director Contract. Council is to consider approval of an agreement between the City and Dr. Kenneth Lee to act as Medical Director for the Fire and Rescue Department from October 1, 1986 to September 30, 1987. The Medical Director will be paid $1,500 per month, with funds to come from the 1986/87 budget. Approval is recommended. Mr. Bird moved to approve the agreement between the City and Dr. Kenneth Lee to act as Medical Director, 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. 22. Agreement with Professional Firefighters of Delray Beach, IAFF, Local 1842. Council is to consider approval of collective bargaining agreement between the City and Professional Firefighters of Delray Beach, IAFF, Local 1842 for October 1, 1986 through September 30, 1987. Mr. Bird moved to approve the agreement between the City and Professional Firefighters of Delray Beach, IAFF, Local 1842, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 23. Agreement with Florida State Lodge, FOP (City of Delra¥ Beach Police Department). Council is to consider approval of revised/ replacement articles for collective bargaining agreement between the City of Delray Beach and Florida State Lodge, FOP (City of Delray Beach Police Department) for period ending September 30, 1987. Mr. Bird moved to approve the revised/replacement articles for collective bargaining agreement between the City of Delray Beach and Florida State Lodge, FOP (City of Delray Beach Police Department) for period ending September 30, 1987, 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. 24. Agreement with IBF&O, Local 1227, AFL-CIO. Council is to consider approval of collective bargaining agreement between the City of Delray Beach and the International Brotherhood of Firemen and Oilers, Local 1227, AFL-CIO for period ending September 30, 1987. Mr. Bird moved to approve the collective bargaining agreement between the City of Delray Beach and the International Brotherhood of -12- 9/23/86 Firemen and Oilers, Local 1227, AFL-CIO, 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. Mrs. Horenburger returned to the Council Chambers at this time. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. 25. Site Plan Approval - The Extra Closet. Council is to consider a request for site plan approval for The Extra Closet, a proposed 76,230 square foot enclosed dry storage facility, located on the east side of Military Trail, immediately north of the new Post Office. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. Per Water Service Agreement, site plan approval is required from the City prior to the issuance of a Building permit from the County. 2. Per Section 30-16(0) a thirty (30) foot landscape strip is required along Military Trail, no advertising signs will be allowed in the setback. 3. The location, height and design of the main advertising sign shall be approved by the Community Appearance Board and the Building Department. This sign should be a ground sign. 4. For warehouse and storage uses, Section 30-18(D) (3) requires one (1) parking space per 1,000 square feet of total floor area. Seventy-seven (77) spaces would therefore be required for this proposal under the closest category presently con- tained in the City's Zoning Code. The Technical Review Commit- tee recommends that only thirty (30) spaces be provided, however, based upon the self-storage nature of the use and its minimum traffic impacts. 5. Parking stalls shall be double-striped. 6. No provision is made on the site plan for truck loading. Therefore, a twelve (12) foot loading area should be provided along the building. This area shall be in addition to the main driveway width requirement for two lanes. 7. All site lighting must be directed away from adjacent proper- ties. 8. Dumpsters shall be placed on a concrete pad. 9. Provide further clarification on floor plan of use of interior as only one area of storage lockers is shown. 10. Specify berm height, minimum three (3) feet. 11. Indicate scale and dimension for the floor plan. Floor plan seems to reflect only a portion of one of the proposed build- ings. If this is to be constructed in phases it should be noted and phase lines indicated. Site plan shows rectangular buildings where building plans are for square buildings. 12. Show the conceptual water, sewer, paving, grading, and drainage plans on a single 24" x 36" sheet. Include all existing utilities connecting to or adjacent to the tract. 13. Show contours on site and 125 feet off site in all directions. 14. The drainage system should be shown in concept from on the site plan and is subject to SFWMD and LWDD approval. Generally the criteria is to retain the first one inch of rainfall for the total area of the site plan. Show existing drainage facilities on site and 125 feet off site in all directions. On site drainage shall be privately owned and maintained. 15. It will be necessary to meet the right-of-way requirements of the Traffic ways Plan for Palm Beach County by right-of-way dedication from the site plan. Show all adjacent and opposing roadways and driveways within 125 feet of the site plan includ- ing right-of-way and paving widths. 16. The developer shall provide an approved on-site traffic plan showing all traffic signs and painted pavement markings such as STOP signs at the exit, HANDICAP PARKING BY DISABLED PERMIT -13- 9/23/86 ONLY, LOADING ZONE, NO LEFT TURN, etc., parking space striping, bumper stops, stop bars, etc., prior to building permits. 17. Deleted. 18. Plans for appropriate lighting of the right-of-way as well as the on site complex should be shown schematically. 19. A survey showing distances, bearings, angles, etc., with a written legal description tied to a 1/4 section corner, PRM's, PCP's, one NGVD bench mark, names and locations of adjacent properties with plat book references, etc, should be shown, along with all existing easement, O.R. book and page, existing structures within the site, etc. 20. Utility easement for water and sewer main extensions is re- quired by the City. Staff Recommendations The following item was recommended as an additional condition of ap- proval to the Planning and Zoning Board in accordance with Sections 30-21(B) and (D) and 30-22(B) and (D) of the Code of Ordinances. While this proposed requirement is not specified in the code it is intended to assure that the public health, safety and welfare is protected in the vicinity of this site. Such findings must be made by the Board prior to any development approval. 21. Upgrade the appearance of the north and south elevation of the westerly building (Phases I and II) consistent with the west elevation to diminish the industrialized look within a commer- cial and residential area. Community Appearance Board 22. Air conditioning compressors to be located on the south side of the property and appropriately screened with landscaping. 23. Maintain hedge at six (6) foot height adjacent to Post Office property. 24. Trees should be allowed to achieve and maintain mature height and crown. Procedural Requirements 25. That all improvements be completed in accordance with the approved site plan. 26. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improve- ments are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. 27. This approval will expire unless three (3) copies of the revised plans addressing all the conditions noted above are submitted to the Planning Department within thirty (30) days of City Council's approval. 28. Shift the asphalt parking area five (5) feet to the south and increase the landscaping area by five (5) feet adjacent to the building, including the addition of trees. 29. The perimeter walls and landscaping for the entire site shall be installed with the construction of the first phase. 30. All undeveloped phases that are cleared and graded shall be sodded and maintained to reduce dust and weeds. 31. Construct building of CBS with stucco and stone rather than metal and provide pitched roofs to reduce the industrialized appearance. Obtain CAB approval of revised elevations. (Note: Deleted when motion made). Kieran Kilday, representing the applicant, stated that the only conditions he would like to comment on are Items 21 and 31 which bas- ically address the same issue. The P&Z Board is recommending that the buildings be constructed of CBS; however, they are metal buildings which are built as a cost-cutting measure. The matter which really concerns the public is the frontage on Military Trail and they did agree to provide a stucco and stone frontage on that portion of the building. -14- 9/23/86 Mrs. Horenburger questioned if it would be possible, on the western portion of the front building, to do the stucco and stone as they are planning to do on the front. Mr. Kilday stated that that portion will not be visible as they have taken the entry road and looped it in so that they can place a berm on either side. Mrs. Horenburger stated she is concerned with having a view of all the metal siding from Military Trail going north. If some facing could be addressed she would be willing to agree to his request regard- ing Item 31 of the P&Z Board's recommendation. Mr. Kilday advised that they could take the stone and take it around the corner a distance of approximately 25 feet which would create a transition. They will also be putting in a ten foot landscape across the entire south side. Mr. Dougherty moved for site plan approval for The Extra Closet, with the exception of Item 31 and incorporating 25 feet of stone on the south side, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. Mayor Campbell returned to the Council Chambers at this time. 26. Ordinance No. 64-86 - Utility Service Tax on Local Telephone Service. Ordinance No. 64-86, amending Chapter 25 "Taxation" of the Code of Ordinances to add a new subsection to modify the tax on local telephone services, is before Council for consideration on First Read- ing. If passed, Public Hearing will be held October 14th. The City Manager presented Ordinance No. 64-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 25, "TAXATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "UTILITY SERVICES", SECTION 25-23, "LEVIED; PURCHASER TO PAY", TO ADD A NEW SUB- SECTION TO MODIFY THE TAX ON LOCAL TELEPHONE SERVICES TO BE FROM 8.5% TO 7.0% BASED UPON LOCAL SERVICE EMANATING OR TERMINATING IN THE CITY OF DELRAY BEACH; AND PROVIDING FOR EARMARKING OF A PORTION THEREOF FOR THE CITY OF DELRAY BEACH BEAUTIFICATION PROGRAM; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 64-86 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. 27. Ordinance No. 65-86 - Bill Wallace Ford Rezoninq. Ordinance No. 65-86, rezoning a 2.44-acre parcel from POC (Planned Office Center) District to SC (Specialized Commercial) District, located on the east side of Germantown Road, between Linton Boulevard and Queens Avenue, is before Council for consideration on First Reading. It is designated C (Commercial) on the City's Land Use Plan. If passed, Public Hearing will be held October 14th. The City Manager presented Ordinance No. 65-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN SC (SPECIALIZED COMMERCIAL) DISTRICT, LOTS 22, 23, 24, 25 AND 26, AND LOTS 48, 49, 50 AND 51 LESS THE SOUTH 23 FEET THEREOF, SANDS O'SEA, ACCORDING TO THE PLAT THEREOF, AS RECORDED -15- 9/23/86 IN PLAT BOOK 21, PAGE 27, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE EAST SIDE OF GERMANTOWN ROAD, BETWEEN LINTON BOULEVARD AND QUEENS AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 65-86 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. Roger Saberson, representing the applicant, stated that the remaining, outstanding issue which applies to this application is the manner in which the removal of the dealership from Federal Highway to Germantown Road will be accomplished in conjunction with a restriction of the automotive use currently on the property on Federal Highway. They have had numerous discussions with P&Z Board members and considered various proposals which have been presented. They are willing to propose the alternative of having a temporary restriction on the Federal Highway property, either a loan or in combination with a voluntary rezoning application to rezone it from SC to GC. The combination of the two would be to eliminate automotive use on the Federal Highway prop- erty. Upon question by Mrs. Horenburger, Mr. Saberson advised that the temporary deed restriction they have submitted to the City Attorney and Planning Director is a two year deed restriction which will give them time to facilitate the rezoning to GC and construct the new facil- ity at Germantown Road and Linton Boulevard. As soon as the new site is ready, within the two year period, then they will move and the applica- tion for GC zoning will go forward on the old property. Helen Coopersmith, 1222-D South Drive Way, stated that the Land Use Plan Committee decided that they wanted to keep the auto dealerships where they are and not allow them to expand. The City Attorney advised that it should be made clear that Council is discussing the rezoning to SC, not the approval of any use under SC. The applicant would still need conditional use approval to gain that ability. Sam Schwimer stated that the Land Use Committee in its policy guide indicated that it did not want any additional auto dealers estab- lished in the City of Delray Beach. He, personally, objects to any dealership being allowed on Linton Boulevard. John Vislocky, member of the P&Z Board, stated he feels the basic issue here is not whether they should trade off an existing auto dealership on Federal Highway for a new auto dealership on Linton Boulevard, but whether it should be a proliferation of auto dealers on Linton as there is on Federal Highway. The recommendations made by the P&Z Board were influenced a great deal by the anticipated decisions of Council and they compromised their convictions on numerous occasions on the premise that something is better than nothing. The Board is ada- mantly against any dealership on Linton Boulevard; however, when they were offered the deed restriction on future auto dealers use of the property on Federal Highway, they reluctantly compromised and agreed to do it. He, personally, requested that if Council does succumb to Mr. Wallace's request that they require higher standards regarding appear- aRce. At this point the roll was called to the motion. 28. Community Development Block Grant Program - Storm Drainage Project, Northwest Area. Council is to consider award of a contract to the low bidder, AOB Underground, Inc., in the amount of $181,041.79, with funds to come from the Community Development Block Grant Program. Approval is recommended. -16- 9/23/86 Mr. Bird left the Council Chambers at this time. Mr. Weatherspoon moved to award a contract to AOB Underground, Inc., in the amount of $181,041.79, seconded by Mrs. Horenburger. 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. Before roll call the following discussion was had: Mr. Dougherty stated that there was a 33% difference between the low bidder and the second bidder and a 37% difference between the low bidder and the third bidder. Mr. Barcinski stated that he asked the Engineering Department if the low bidder was a reliable bidder and if the City had had any work performed in the past by the company. He was assured that this is a reliable bidder and that the work performed for the City in the past was acceptable. Mr. Dougherty requested that, in the future, Council be fur- nished an indication of where the funds are coming from, how much money is in the account and what the balance would be after they award the contract. At this point the roll was called to the motion. 29. Community Development Block Grant Program - Sidewalk Construc- tion. Council is to consider award of a contract to the low bidder, Haywood Construction Company in the amount of $42,048 for sidewalk construction on S.W. 8th Avenue, S.W. 10th Avenue and S.W. 12th Avenue. Approval is recommended. Mrs. Horenburger moved to award a contract to Haywood Construc- tion Company in the amount of $42,048, seconded by Mr. Dougherty. 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. Before roll call the following discussion was had. Upon question by Mr. Dougherty, Mr. Barcinski advised that the sidewalk will be 4" concrete and a 5 foot wide sidewalk on a gravel base. Mr. Dougherty stated he feels the price is very high. Mr. Barcinski advised that this was the third bid on the job. The City Manager stated that they are having a hard time getting people to bid on the Community Development projects as they are either too small or too big. At this point the roll was called to the motion. 30. Delray Park of Commerce (Cedarwood) - Final Plat. Mayor Campbell stated this item is consideration of the final plat for the Delray Park of Commerce. Mrs. Horenburger moved to approve the Delray Park of Commerce (Cedarwood) final plat subject to Conditions (1) through (15) contained in the Planning Department Memorandum dated August 11, 1986, and that Conditions 3 and 4 contained therein be replaced with conditions 1 and 2 of the September 19th memorandum and that Condition 3 of the September 19th memorandum become Condition 16, seconded by Mr. Weatherspoon. Mr. Bird returned to the Council Chambers at this time. Mr. Cohn, Planning Director, stated that just prior to this item Cedarwood requested that condition 4 of the August llth memorandum which addresses the 12' lane widths of their entrance road off Congress be left to a final determination by the City Engineer. Mrs. Horenburger amended her motion to include the request as stated by Mr. Cohn, Mr. Weatherspoon amended his second. Upon roll call -17- 9/23/86 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 10:30 P.M. AT~. : 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 23, 1986, which minutes were formally approved and adopted by the City Council on ~o /~f /~ . 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. -18- 9/23/86