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10-14-86 OCTOBER 14, 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 7:04 P.M., Tuesday, October 14, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger Council Member Jimmy Weatherspoon Mayor Doak S. Campbell Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. 2. The opening prayer was delivered by Reverend John Hadlock, Church of the Nazarene. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4.a. Mayor Campbell presented a proclamation proclaiming November 18, 1986 as "Mayors D-Day in the War on Drugs" 4.b. Mayor Campbell presented a proclamation proclaiming October 27 - November 8, 1986, as "Shrine Hospital Days". 4.c. Mayor Campbell presented a proclamation proclaiming the week of October 14, 1986, as "Palm Beach County History Week". 4.d. Mayor Campbell presented a proclamation proclaiming the month of October, 1986, as "Lupus Awareness Month". 4.e. Mayor Campbell read and presented a proclamation proclaiming October 19-25, 1986, as "Florida Silver Haired Legislature Week" Members of the Florida Silver Haired Legislature came forward to accept the proclamation. 5. The City Manager advised that Council has been furnished an addendum to Item 30 and requested that Item 17 be removed from the Consent Agenda as the contract has not been returned to the City Attor- ney's Office. Mr. Bird moved to approve the agenda as modified, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 6. 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 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. 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. (Copy of Ordinance No. 64-86 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. 64-86 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. 7. Ordinance No. 65-86 - Bill Wallace Ford Rezoning. 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 Second and FINAL Reading. It is designated C (Commercial) on the City's Land Use Plan. 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. 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 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". (Copy of Ordinance No. 65-86 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. Edward Hammond, 1119 Queens Avenue, stated he is adamantly opposed to this ordinance as he feels there has been a complete dis- regard for the property and health of the residents in the area. The land was cleared in a very bad way by wreckless burning and no one was warned that they were going to do this. The Planning and Zoning Board recommended denial and he requested that Council also reject this request. Patricia Aranda, 1101 Queens Avenue, stated she is upset as they were given no warning as to what was going to be happening on the site. Roger Saberson, representing the applicant, stated Mr. Hammond signed a contract with Mr. Wallace to sell the property that he is now living on, knowing full well that the property would be used for. a car dealership. At the time of closing he failed to appear and there is presently litigation pending between Mr. Wallace and Mr. Hammond. The Planning and Zoning Board recommended approval of the rezoning and the only item of consideration was on the issue of how, and in what manner, they were going to restrict the property on Federal Highway. That issue -2- 10/14/86 has almost been resolved and he is working with staff to get the final wording. Sam Schwimer, Pines of Delray, stated that the Land Use Advisory Committee recommended that there be no more auto dealerships in Delray. He feels that if Council adopts this ordinance they should have no more advisory committees. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 65-86 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. Before roll call the following discussion was had: Mr. Bird stated that the Land Use Advisory Committee in their report recommended that automotive uses in the City should be controlled in the future, not prohibited. Mr. Dougherty stated it has come to his attention that there is the possibility of another dealership being built on Linton Boulevard. He questioned if approving this rezoning tonight would set a precedent for a second dealership. Mrs. Horenburger stated she also has a concern with what type of precedent they may set; however, the point of controlling auto dealerships and the view towards undoing a dealership, which exists on Federal Highway, is an attractive possibility. With regard to the possible second dealership, she advised that that property is in the County and is further east. Mayor Campbell stated he feels that Council needs to go back to the Land Use Advisory Committee and the studies to try and understand better what it was particularly that they were so concerned about with regard to auto dealerships. This may give them better assistance in viewing future applications and the proposed auto dealership ordinance. At this point the roll was called to the motion. PROCEDURAL ITEMS 8. Mr. Bird moved for approval of the minutes of the Regular Meeting of September 23, 1986, and the Special Meetings of September 2, 1986, September 16, 1986 and September 30, 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. 9.a.1. Mr. Weatherspoon stated that Council received a memorandum from a Mr. Andrews regarding his concern about having to go before the Community Appearance Board to be able to build a 15 foot wall. He wanted a response by October 22nd. The City Manager advised a response is being drafted now. 9.a.2. Mr. Weatherspoon advised that last Wednesday he attended a round table discussion in Boca Raton that involved elected officials throughout the County and some private citizens. The discussion was held basically to foster communications and he found it very informa- tive. 9.a.3. Mrs. Horenburger advised that the Governor's Drug Task Force will be making their report tomorrow and they did come out with a special request today that a Special Session be held. This Session will probably be held in the first week of December and will address what the Legislature is going to do about the drug problems and the criminal justice system. -3- 10/14/86 9.a.4. Mr. Bird stated that recently Council adopted Ordinance No. 37-86 which is the new Sign Ordinance. The banners which are throughout the City claiming the Diamond Jubilee are not in accordance with the provisions of that ordinance. Mr. Bird moved that a waiver be granted to cover those banners and they be allowed to be maintained in their present positions through the end of the Jubilee, 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.a.5. Mayor Campbell advised that he received a letter from the U.S. Department of Housing and Urban Development commending the City and the Housing Authority regarding the summer program for disadvantaged chil- dren. 9.a.6. Mayor Campbell advised he received a notification from Mr. George Pursey, from the Department of State, that the railroad station has now been put on the National Historic Register. 9.a.7. Mayor Campbell stated that Council has been furnished a copy of a memorandum which he prepared regarding their projects and goals discussed in the past. If Council concurs in the list he has put together they could direct the City Manager to respond by giving them an update on all of those items at the next regular meeting. If anyone wishes to add an item to the list he would suggest that they discuss it tonight and put it on a workshop for next Tuesday. Mr. Dougherty stated, with regard to Item 12 of the Mayor's memorandum, that he would like to see the improvements to Congress Avenue made from Lake Ida Road to Linton Boulevard. Mayor Campbell concurred. Mr. Dougherty stated he would like to add the following items to the list for discussion: the Towing Service Contract; the final disposition of the old Police Station; discussion of the well field development and land acquisition and right-of-way for that and have a review or presentation on how the City Manager plans to carry out the Five Year Capital Improvement Program. It was the consensus of Council to add these items to the list to become items 29 through 33. Mr. Dougherty also suggested that the following items be considered and possibly placed on a workshop agenda for discussion and possible policy or goal and objective: Quarterly Financial Report - they do not need comparisons to last year, they need to know how their expenditures are comparing to the actual budget approved; Conditional approvals of the Land Use and Zoning Plans; Comprehensive Recreation Plan; Enclave Acquisition - analysis of what properties to acquire, whether those properties will be a plus to the City, the amount of tax revenue they will receive, what expenditures are going to be incurred and future potential; Policy on extension of Water Service area; Policy on on-street parking on West Atlantic Avenue from Swinton Avenue to 1-95; Reports or updates from CRA, DDA, and DHA. Have certain meetings, on regular basis, dedicated to hearing responses from those agencies; Possibility of creating a Parking and Civic Center Authority; Consider beach parking improvements and land acquisition; Atlantic Avenue Crime Prevention and Abatement program; Consider Bidding and Contract Award policy for procurement of services and public works and Review the Land Use Policy guide in depth. Mr. Bird suggested they also discuss a Recycling Center for wastepaper and aluminum and review the possibility of some mechanism to control rental residential properties to make sure they are safe and inhabited by a reasonable number of people. 9.b.1. The City Attorney introduced Susan Ruby, the new Assistant City Attorney. -4- 10/14/86 9.c.1. The City Manager stated that Council received a copy of a letter from Tom Lynch, Chairman of the CRA, relative to the borrowing program. He (City Manager) and Mr. Simback will be attending a confer- ence next week to get into more specific details on exactly how the new tax reform act will affect the City. However, it does appear that they will be able to allow for the borrowing of the money. He asked that Council review the letter as soon as possible and give him direction. Mayor Campbell stated that if the City Manager needs a formal vote on this they could discuss it at a Special Meeting next week. Mr. Simback stated that they still need to respond to the County as required under the Interlocal Agreement. If Council is not inclined to pursue this avenue for financing the acquisition he will have to look at other options. Mayor Campbell requested that Mr. Simback and Mr. Lynch contact the Council Members individually to further explain the full meaning and intent of the letter. 9.c.2. The City Manager stated that several months ago there were a group of citizens who had been cited by the Code Enforcement office for having converted their duplexes into quadruplexes. They were asked to go through a series of steps which they did not do and were in the process of being taken before the Code Enforcement Board today. How- ever, prior to today, the reinspections indicate that practically every one had made the reconversion back to duplexes and the issue was dis- missed. 9.c.3. The City Manager stated he has recontacted each of the consul- tants for the Management Study and none of them changed the scope of their project too much. Council has been furnished copies of all the proposals. (Council agreed to have a special meeting as soon as possi- ble for each firm to make a presentation later in the meeting). 9.d.1. Elaine Roberts, 312 North Swinton Avenue, stated she has commented before about action taken at meetings where the item did not appear on the agenda. Tonight they spend almost an hour discussing such an item and she feels it should have been workshopped. 9.d.2. Sam Schwimer, Pines of Delray, stated he has been asked by several people what is happening to the Beautification Fund. They had a drive to raise funds and several citizens made contributions; however, they can see no progress. Mayor Campbell advised this is one of the items which the City Manager will be reporting on at the next regular meeting. 9.d.3. Helen Coopersmith, 1222-D South Drive Way, concurred with Mr. Schwimer's comments. She stated that when they discussed the beautifi- cation of Delray she suggested that they should start east and west and meet in the middle. 9.c.3. Mr. Dougherty stated, with regard to the City Manager's item, that they did not give him any direction as to when to set up a meeting. Following discussion it was the consensus of Council to hold a Special Meeting and to allow each consultant firm 15 minutes to make a presentation. Mayor Campbell suggested that each Council Member contact the individual firms so that they are not completely ignorant of the facts. Mayor Campbell left the Council Chambers at this time and Vice-Mayor Weatherspoon took the chair. CONSENT AGENDA Mr. Bird requested that Item 22 be removed from the Consent Agenda and placed as first item on the Regular Agenda. -5- 10/14/86 Mr. Dougherty stated, with regard to Item 20, that he would like to see the bid tab and requested that this item by removed from the agenda: The following items were considered by Council as the Consent Agenda: 10. 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 S.G. Phillips Change Order No. 3 in an amount not to exceed $98,677. This was approved 7-0 by the SCRWTD Board. 11. Request for Solicitation of Funds - American Cancer Society, South Palm Beach County Unit, Florida Division, Inc. Council is to consider approval of solicitation of funds from January 19 through January 30, 1987. Approval is recommended. 12. Requisition No. 12 - S.G. Phillips Constructors of Florida, Inc. Council is to consider authorizing payment of Requisition No. 12 in the amount of $225,485.23 for Regional Wastewater Treatment Plant expansion. Approval is recommended. 13. Requisition No. 7 - Foster marine Contractors, Inc. Council is to consider authorizing payment of Requisition No. 7 in the amount of $16,189.17, Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 14. Final Plat Approval - Le Village De Provence (Phase II). Council is to consider a request for final plat approval for Le Village De Provence (Phase II), an 88 unit multiple family project, located at the southeast corner of Barwick Road and the L-32 Canal. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. In order to provide adequate separation between the bike path and pavement on Barwick Road, shift bike path located north of the main entrance eastwards, and then transition it so that it aligns as it traverses the bridge. 2. Add note stating: "The City of Delray Beach has access for emergency and maintenance purposes". 3. Tract B (lake) does not correspond to site plan. Clari- fy. 4. The utility easement with High Point must be shown on the improvement plan and plat. 5. Utility easements are not shown on the plat. Chapter 24 requires that all easements be shown on the plat. 6. Bike path around the lake, shown on paving and drainage plan is inconsistent with site plan. Revise improvement plans accordingly. 7. The northeast corner of the access easement as shown on the plat does not correspond to the modified site plan. 8. The area of each tract should be shown on the plat in both acres and square feet. Also the square footage of building pads should be shown on typical. 9. Provide a statement that the Homeowners Association shall be responsible for construction and maintenance of all private roads, street lights and storm drainage facili- ties on the final plat. 10. Locate and show, on site and utility plans, fire hy- drants, spaced a maximum of 500 feet road travel. 11. Submit calculations for separation of buildings per Section 30-17(Q) of the Zoning Code. 12. Block 17, Lots B and C, separation of 5.50 feet of buildings from property line allows only 20% openings in the exterior wall per Table 600 of the Building Code. The Unity of Title will solve this problem. -6- 10/14/86 13. Dedication contains several typographical errors - in #5 should read perpetual, not pertetual, should read of not oa and should read above not ablve. 14. Location map needs to be tied to a section corner. 15. Paving and drainage plan sheet 3 of 11 indicates 12 parking spaces in a row adjacent to building #23. Change to reflect approved site plan. 16. Bearings need to be shown with dimensions locating building pads. Procedural Requirements 17. The Unity of Title submitted August 5, 1986 shall be executed prior to final plat approval. 18. The utility easement with High Point must be approved by the City Attorney's Office and executed prior to final plat approval. 19. A plan is required for all site related traffic signs and pavement markings in Barwick Road and on-site in compli- ance with MUTCD standards. 20. Submit location and results of soil borings, approval to be obtained prior to building permits. Approval of drainage plans by the LWDD and SFWMD is required for final plat. 21. 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. Staff Recommendations The following item will be recommended as an additional condi- tion of approval to the Planning and Zoning Board in accordance with Sections 30-21(B) and (D) and 30-22(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 develop- ment approval. 22. Dumpster detail should show a six (6) foot CBS wall enclosure. 15. Final Plat Approval - Emmanuel Catholic Church (Phase I). Council is to consider a request for final plat approval for Emmanuel Catholic Church (Phase I), located on the east side of Military Trail, between Linton Boulevard and Sherwood Boulevard. The Planning and Zoning Board and Planning Director recommend approval, subject to the following conditions: Technical and Code Requirements 1. Plat the entire property covered by the approved site plan or submit a modification to the site plan, and a preliminary plat to show consistent phase lines. 2. Survey indicates Lot 2 Sherwood Park as inclusive, however, this is not shown on the plat. Clarify. 3. Label the paving/drainage and water and sewer plans. 4. Paving and drainage plan shall show the relocation of sidewalk. 5. Twelve (12) foot easement required for relocation of turn lane on Military Trail upon its expansion, or dedicate right-of-way. 6. Improvement plans show 20 foot parking spaces. City requires 18 feet minimum of which 2 feet can be added to landscaping. Four (4) feet may be deleted from each space and added to landscaping. 7. All distances on the plat shall be shown to hundredths of a foot, all internal angles and bearings shall be shown on the plat in degrees, minutes and seconds with appro- priate bearing reference note. -7- 10/14/86 8. On April 10, 1986, there were requirements for both right and left turn lanes into the site at both entrances as approved by the City and County. No right or left turn lanes have been constructed to date. A permit from the County to construct these lanes is required. The right turn lane may be constructed with Phase II. However, the proximity of the north left turn lane may preclude the developer from obtaining this permit because of County traffic design standards. Transmit letter from County indicating whether this left turn lane will be permitted. If so, build it with this plat. 9. On April 10, 1986, the City required 3 lanes at the north entry-exit, including a 100' long stacking lane from the right-of-way line eastward. The plans now under con- struction provide for two 12' lanes for the north drive- way which appears adequate in the absence of the median cut discussed in item (3) above. The developer should erect a STOP and RIGHT ONLY sign at the exit until a median cut might be completed, per MUTCD standards. 10. On sheet 10 of 19, specify that 6 mil minimum thickness plastic sheet is required for the manholes. Procedural Requirements 11. Drainage approvals from SFWMD and LWDD should be for- warded to the City Engineering Division prior to final plat approval. These should include copies of the SFWMD staff report. On site drainage should be privately owned and maintained. 12. An approved cost estimate by a professional engineer is required covering the installed costs of complete water, sewer, paving, drainage (both on site and in all public right-of-way), sidewalks, implementation of the traffic plans, etc. 13. A letter of credit on the City format covering 110% of the approved estimate costs is required prior to final plat approval. 14. As of September 16, 1986, it is required that the tract be platted prior to issuance of the permanent C.O. City Council Policy 15. Beautification fee, $10.00 per linear front foot for Military Trail is required. 16. Furniture - Public Safety Building. Council is to consider award of a contract to Business Environments for furniture for the new Public Safety Building Project not to exceed $150,000, with funds to come from the 1985 General Obligation Bond Issue/Public Safety Facility Fund. Business Environments was awarded the Broward County Contract which covers approximately 144 manufacturing sources. Approval is recommended. 18. Tent Application. Council is to consider a request from Craig Steinhart, Happy Holiday Christmas Trees, to erect two 60x90 foot temporary tents at the southeast corner of the Delray Mall for the sale of Christmas trees from November 10 through December 31, 1986. Approval is recommended. 19. Sidewalk Sale. Council is to consider a request by the Atlan- tic Avenue Association to hold the Annual Sidewalk Sale from October 31 through November 1, 1986. 21. Nuisance Abatement. Resolution No. 55-86, assessing costs of abating nuisances in accordance with Section 13-13 on eight parcels, is before Council for consideration. The caption of Resolution No. 55-86 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 -8- 10/14/86 FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 55-86 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, as modified, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA 22. Easement Abandonment - West of the E-4 Canal, between N.W. 2nd Street and the L-33 Canal. Resolution No. 56-86, abandoning a 10-foot drainage easement lying within Lots 9 and 10, replat of part of Breezy Ridge Estates, is before Council for consideration. The City Manager presented Resolution No. 56-86: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A TEN (10) FOOT DRAINAGE EASEMENT LYING WITHIN LOTS 9 AND 10, REPLAT OF BREEZY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGE 116, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Mr. Bird stated it seems to him that they have a road realign- ment which goes through this general area and he questioned what affect the proposed abandonment would have on that, if any. Mr. Cohn stated that to the best of his knowledge this would not affect the dedication which was made for a road realignment. Upon question by Mr. Bird, Mr. Cohn stated he believes the realignment would go through Lot 10; however, he is not sure. Upon question by Vice-Mayor Weatherspoon, Mr. Bird stated that his concern is that somewhere in the general area there is a realignment for Davis Road. He feels it would be unlikely for anyone to request an abandonment of an easement unless they were going to develop the proper- ty. If they are, he needs to be relatively comfortable that the pro- posed development, and the City's need for the road access, are compati- ble. Mr. Cohn stated Council could postpone this item and he will have a report by the next meeting. Mrs. Horenburger moved to postpone this item until the October 28th regular meeting, 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. 23. Construction of Dock on Lake Ida. Council is to consider a request for construction of a dock at 615 Lake Drive and modification to the Code. Approval is recommended. Gerald Church, City Engineer, advised that any time a dock extends more than 5 feet into the waterway it requires a modification. This dock is appropriate for Lake Ida and as such he is recommending that it be approved. They did contact the contiguous properties and the owners have no objection. Mrs. Horenburger moved to approve construction of the dock, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. -9- 10/14/86 .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. Mrs. Horenburger left the Council Chambers at this time. 24. Administrative.. Relief for Joint Use Parking - Linton Oaks Square (a/k/a Boca Ray Plaza). Council is to consider a request for administrative relief for Boca Ray Shopping Plaza to allow multiple uses located on the same site to jointly use parking spaces. The Shopping Plaza is located on the southeast corner of Linton Boulevard and Mili- tary Trail. Approval is recommended. Mr. Bird moved to approve, 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. Before roll call the following discussion was had: Mr. Cohn advised that under the parking ordinance there is a provision, when there is a mixture of uses in a shopping center, where they can either apply the shopping center parking standard or add up the individual parking requirements for the uses and take a 15% reduction from that total. When the original site plan was approved they went under the shopping center parking standards. However, at this point in time they are finding it more advantageous to use the joint use provi- sion as it saves them approximately eight parking spaces. The Technical Review Committee has reviewed this and it does meet the Code. At this point the roll was called to the motion. 25. Conditional Use and Site Plan Approval.- Rhonda Shatz Anorexia Foundation. Council is to consider a request for conditional use and site plan approval for the Rhonda Shatz Anorexia Foundation, a proposed Adult Congregate Living Facility, located at the southwest corner of N.E. 3rd Street and N.E. 1st Avenue. The Planning and Zoning Board and Planning Director recommend approval subject to the following condi- tions: (1) No signs shall be provided. (2) Replace sod from wall to edge of pavement and provide irrigation to same. (3) Indicate a 4'0" high enclosure for the hot tub. Mr. Weatherspoon moved for Conditional Use and Site Plan Approval for Rhonda Shatz Anorexia Foundation, seconded by Mr. Bird. 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. 26. 1986 Resurfacing - Phase II. Council is to consider award of a contract to the low bidder, Hardrives of Delray, Inc., for 1986 Resur- facing, Phase II, in the amount of $112,215.75, with funds to come from the Reserve Capital Improvements Fund. Approval is recommended. Mr. Bird moved to award the contract to Hardrives of Delray, Inc., in the amount of $112,215.75, with funds to come from the Reserve Capital Improvements Fund, 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. Before roll call, upon question by Mr. Dougherty as to what the Reserve Capital Improvements Fund is, Mr. Church advised $300,000 from the 1985/86 budget was set aside and designated as a Reserve Capital Improvements Fund. 27. Conditional Use and Site Plan Approval - Horizon Club at Crosswinds. Council is to consider a request for a major modification to the approved site plan for Crosswinds to allow the Horizon Club at Crosswinds, a proposed Continuing Care Facility, consisting of 252 -10- 10/14/86 independent living units, located on the south side of Linton Boulevard, between Homewood Boulevard and the Spanish Wells development. The Planning and Zoning Board and Planning Director recommend approval subject to the following conditions: Technical and Code Review 1. Show that existing drainage facilities meet requirements of new site plan and use (signed and sealed by P.E.), prior to building permit issuance. 2. Permits are required from both the SFWMD and LWDD. 3. The two loading spaces provided are adequate, but should be labeled and dimensioned clearly. Per Section 30-19 (b) . 4. The pool shown required enclosure per Article XV, Section 9-518 City of Delray Beach Code of Ordinances. An aesthetic wall or fence is acceptable. 5. Park and recreational fees to be paid at the time of C.O. at the rate of $500.00 per unit. 6. Road impact fees will be assessed at the time of building permit based on the rates established by the County at that time. 7. The applicant will provide a letter to the City certify- ing that no trees over 4" diameter exist within the site. 8. All landscape islands require 6" non-mountable curbing. 9. The site plan and the landscape plan shall correspond (see recreational facility which is not shown on the site plans). 10. Identify lounge as a private lounge, not a cocktail lounge, which shall not be opened to the public. Staff Requirements The following items will be recommended as an additional condition of approval 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 the 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 finding was made by the Board at the September 8th, 1986 meeting at which this item was workshopped with the applicant. 11. The applicant shall increase the density of landscaping along Linton Boulevard in order to substantially obscure the parking areas. Procedural Requirements 12. That all improvements be completed in accordance with the approved site plan. 13. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improvements 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. 14. 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. and approve a waiver to the sign ordinance to allow one off-site sign at the entrance to Crosswinds, for the Horizon Club, in lieu of an on-site sign, to be approved by the Building Department and Community Appearance Board. Mr. Weatherspoon moved for conditional use and site plan approval for the Horizon Club at Crosswinds, seconded by Mr. Bird. 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. -11- 10/14/86 Before roll call the following discussion was had: Mr. Bird stated he has a concern with what would be considered the commercial aspects of this project; what areas, in square footage, are they limiting to only residents. Mr. Cohn advised the Zoning Code, in regard to Continuing Care Facilities, established regulations regarding the percentage of floor area which may be devoted to such ancillary uses. It also requires that these uses be for the exclusive use of the residents and oriented internally without any exterior signage. Upon question by Mr. Dougherty, Mr. Cohn advised the original site plan was approved for five stories. This has been brought down to three stories and the site plan has been revised to conform in every respect with the current codes. At this point the roll was called to the motion. Mrs. Horenburger returned to the Council Chambers at this time. 28. Waiver of Advertising Provision. Council is to consider authorizing waiver of advertising for sale of scrap aluminum as required in Section 2-7. Approval is recommended. The City Attorney stated if it is Council's intent to make a modification with regard to the sale of scrap he would suggest that they adopt it as an ordinance amendment to that section of the Code rather than a blanket waiver. Mr. Weatherspoon moved to delete Item 28 and requested that the City Attorney prepare an appropriate ordinance, 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. 29. Agreement between the City and Solin and Associates, Inc. Council is to consider authorizing execution of Supplemental Agreement between the City and Solin and Associates, Inc., for the consultant to work with staff to develop the Evaluation and Appraisal Report at a cost of $22,000. Funds are to come from the 1986/87 budget. Approval is recommended. The City Attorney advised Council has been furnished a new page 6 which makes a change to Section III which they need to be aware of. This would be a duplicate document except that they have added a new last sentence in the paragraph which is a policy question. Of the $22,000 fee for this supplemental agreement they would like to be permitted to get $3,500 up front as working capital. Mrs. Horenburger moved to authorize execution of the Supplemen- tal Agreement, as amended, 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. 30. Ordinance No. 66-86 - Amending Zoning Code - Dry Cleaning Establishments. Ordinance No. 66-86, amending Chapter 30 "Zoning" of the Code of Ordinances to allow dry cleaning establishments, limited to 1,500 square feet, customer pick-up only, as a permitted use in the CBD (Central Business) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 28th. The City Manager presented Ordinance No. 66-86: 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 30-13 "CBD (CENTRAL BUSINESS) DIS- TRICT'', (B) "PERMITTED USES" TO ADD DRY CLEANING ESTAB- LISHMENTS, LIMITED TO 1,500 SQUARE FEET, CUSTOMER PICK-UP ONLY, AS AN ADDITIONAL PERMITTED USE; PROVIDING A SAVING -12- 10/14/86 CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 66-86 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 - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Upon question by Mrs. Horenburger, Mr. Cohn advised that "Customer Pick-up only" allows for dry cleaning equipment on the premis- es. However, it would be a drop-off, pick-up type establishment, not self dry cleaning or a dry cleaning plant. The Planning and Zoning Board are recommending approval as a permitted use and he and the CRA are recommending approval as a conditional use. Mrs. Horenburger stated she would be in favor of seeing this as a conditional use as she has a problem with having dry cleaning plants around the CBD. Phyllis Plume, P&Z Board member, stated the thinking of the Planning and Zoning Board was that certain service-type uses should be permitted, particularly on the side streets of the CBD. This is a low key type use and they felt that it may encourage people to use downtown. Sandy Simon, advised this is a 785 square foot facility, the equipment is all state of the art and is not noisy. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 9:10 P.M. ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of October 14, 1986, which minutes were formally approved and adopted by the City Council on ~-~2~. ~.~/~ 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. -13- 10/14/86