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11-25-86 NOVEMBER 25, 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, November 25, 1986. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Richard J. Dougherty Council Member Marie Horenburger (Arrived 7:06 P.M.) 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 Andrew Hall, First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mayor Campbell presented a proclamation proclaiming Thanksgiv- ing Day as a Special Day of Remembrance and Prayer. 5. Jim McDaniels, representing the Community Chest, presented a plaque to Mayor Campbell in recognition of City Employees' Campaign. 6. The City Attorney requested that Item No. 19 be removed from the agenda and rescheduled for First Reading. Mr. Bird moved to approve the agenda with Item No. 19 re- moved, 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. PUBLIC HEARING 7. Ordinance No. 71-86 - Rubin Annexation. Ordinance No. 71-86, relative to annexing a 1.34-acre parcel, subject to RM-10 (Multiple Family Zoning) District, located on the east side of A1A between Brooks Lane and Lewis Cove, if these streets were extended eastward, is before Council for consideration on Second and FINAL Reading. It is zoned RM (Multiple Family Residential District, Medium Density) in the County and designated MF-15 (Multiple Family-15 units/acre) on the City's Land Use Plan. The Planning and Zoning Board recommend approval, subject to RM District with a maximum of six dwelling units on site; Planning Depart- ment recommends approval subject to the RM (Medium to Medium High Density Dwelling) District with a maximum of eight dwelling units on site. 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. 71-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LOCATED IN SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE EAST SIDE OF STATE ROAD A1A, BETWEEN BROOKS LANE AND LEWIS COVE, IF THESE STREETS ARE EXTENDED EASTWARD; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 71-86 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. Alan Ciklin, representing the petitioner, stated that several months ago his client appeared before the Planning Board and City Council asking for 12 units per acre and four stories. It was decided at that time that 12 units was too intense. Since then a recalculation has been done and they are now making a request for eight units, the bottom level of which would be parking with two living stories above. He presented a graphic, prepared by Mr. Currie's office, showing the transitional nature of the structures in the area. He felt the Aus- trailian Pines separating the site would act as a buffer. He also presented pictures showing the geographic area of the surrounding buildings, indicating these particular eight units are compatible to the neighborhood. Mr. Ciklin stated he felt the eight units would have little impact as far as traffic, water and sewer use, police protection, etc. Elizabeth Matthews, 1024 White Drive, requested Council hold to only six units for this site as recommended unanimously by the Planning and Zoning Board. Betty Sellers, Lewis Cove, stated that she would like for the City to maintain a single family semblance to that particular area. Mr. Noe, 1105 S. Ocean Blvd., who lives two houses north of the property under discussion, urged Council to consider what the Planning and Zoning Commission stated as its final decision. Mr. Ciklin stated at this time the parcel of ground is the last piece not in the City in this particular area. The density is less than 6 units per acre on this site. The City has designated this as RM-15, which on the ocean is totally compatible, but they have reduced their request considerably, to eight. Pauline Noe, 1105 S. Ocean Blvd. expressed concern about access to and from the property especially during the season when traffic on A1A increases. The public hearing was closed. Mrs. Horenburger moved for the adoption of Ordinance No. 71-86 on Second and FINAL Reading, subject to RM District with a maximum of 6 dwelling units on site, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon asked how many stories were allowed in the RM District. Mayor Campbell replied the height was irrelevant because three stories are allowed regardless of the number of units. That would be reviewed at site plan. Robert Currie stated there was an inconsistency. An RM 6 zoning only allows a 2 story building; residential R-1AAA allows three stories. The City Attorney clarified that the motion on the floor is to approve Ordinance No. 71-86, except that Section 4 be modified to read RM with a maximum of 6 units. Mr. Weatherspoon stated that would not allow them to go three stories. -2- 11/25/86 Mr.· Bird stated if it were zoned RM-10, the height would then become a site plan issue both as to height and density. Mayor Campbell stated the only reservation he might have is that this property could be sold tomorrow; if it is zoned RM-10, they have to be very definite as to the number of units. Mr. Dougherty asked exactly how many acres are involved or what portion of the land is really buildable. His understanding is that 1.3 acres include a substantial portion of beach area, which is not build- able. Mrs. Horenburger replied there is a coastal construction setback line and construction can be right to this line. Mr. Ciklin assured them the site plan presented earlier did indeed comply with all the construction line setbacks. Upon request from Mr. Bird, the City Attorney read the portion of the current ordinance in Section 4. He stated they would be changing it from RM-10 to RM and designating the Planning and Zoning Board's recommendation of 6 units. Under the flexible zoning they would specify the number of units in the ordinance on second reading. Mr. Bird made a substitute motion that Ordinance No. 71-86 be approved as read with a stipulation from the petitioner that he would limit the number of the units on the sight to eight by a deed restric- tion, or some other legal device which would put all subsequent purchas- ers on notice that they may not exceed that density. Said motion died for lack of a second. At this point the roll was called to the original motion. Mrs. Horenburger left the Council Chambers at this time. 8. Ordinance No. 75-86 - Changing the City's Land Use Plan Desig- nation (Delray Beach Housing Authority). Ordinance No. 75-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 15-acre parcel from SF (Single Family), in part, and R (Recreation and Open Space), in part, to RM (Residential Medium to Medium High Density), seven units/acre, located west of S.W. 10th Avenue, between the Carver Estates development and S.W. 6th Street,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. 75-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,FROM SF (SINGLE FAMILY), IN PART, AND R (RECREATION AND OPEN SPACE), IN PART, TO RM (MEDIUM TO MEDIUM HIGH DENSITY) WITH A LIMITATION OF SEVEN (7) DWELLING UNITS PER ACRE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF S.W. 6TH STREET BETWEEN S.W. 10TH AVENUE AND S.W. 14TH AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 75-86 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. 75-86 on Second and FINAL reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. -3- 11/25/86 Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 9. Ordinance No. 76-86 - Delray Beach Housing Authority Rezoning. Ordinance No. 76-86, relative to rezoning a 15-acre parcel from R-lA (Single Family Dwelling) District to RM (Medium to Medium High Density), seven units/acre, 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. 76-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-lA (SINGLE FAMILY DWELLING) DISTRICT IN RM (MEDIUM TO MEDIUM HIGH DENSITY DWELLING) DISTRICT, A TRACT OF LAND LYING AND BEING IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED SOUTH OF S.W. 6TH STREET, BETWEEN S.W. 10TH AVENUE AND S.W. 14TH AVENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 76-86 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. Dougherty moved for the adoption of Ordinance No. 76-86 on Second and FINAL Reading, 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. Mr. Bird left the Council Chambers at this time. 10. Ordinance No. 77-86 - Changing the City's Land Use Plan Desiq- nation (Linton Lakes). Ordinance No. 77-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 57.71-acre parcel from PRD-10 (Planned Residential), 10 units/acre to POI (Professional, Office and Institutional), located at the northwest intersection of Congress Avenue and Germantown Road, 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. Mrs. Horenburger returned to the Council Chambers at this time. The City Manager presented Ordinance No. 77-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM PRD-10 PLANNED RESIDENTIAL (10 UNITS/ACRE) TO POI PROFESSIONAL OFFICE AND INSTITUTIONAL. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-86 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. -4- 11/25/86 Henry Handler, representing Minto Builders, stated their proposal is to offer a very good transition from residential areas to the west to commercial areas to the east. They are requesting that their application be approved to permit a viable use for this inter- section. The public hearing was closed. Mr. Weatherspoon moved for adoption of Ordinance No. 77-86 on Second and FINAL Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. 11. Ordinance No. 78-86 - Linton Lakes Rezoning. Ordinance No. 78-86, relative to rezoning a 57.71-acre parcel from PRD-10 (Planned Residential), 10 units/acre to POC (Planned Office Center), 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. Mr. Bird returned to the Council Chambers at this time. The City Manager presented Ordinance No. 78-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-10 (PLANNED RESIDENTIAL) DISTRICT IN POC (PLANNED OFFICE CENTER) DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF LINTON BOULEVARD AND CONGRESS ~TENUE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" (Copy of Ordinance No. 78-86 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. Mr. Handler stated they would like to make sure that as a condition to this particular motion that the items set forth in the Planning Department's memorandum of July 3, 1986, Conditions 1-11, be included. The public hearing was closed. Mr. Dougherty moved for the adoption of Ordinance No 78-86 with conditions 1-11, as set forth in the Planning Department's memorandum of July 3, 1986, 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: Mayor Campbell questioned the legality of adopting an ordinance with conditions. The City Attorney stated he feels that conditions should not be attached to rezonings if they deal with the site and development plan or conditional uses that may go on a particular site based on its zoning. Whether Council wishes to do so is a policy issue, but he does not feel it is appropriate. Mayor Campbell questioned if it was appropriate to do so at the time of site plan approval; the City Attorney advised that it would be. Mr. Handler expressed confusion because the City Attorney's recommendation at the First Reading was to include the conditions as set forth in the Planning Department's memorandum of July 3, 1986. -5- 11/25/86 Mrs. Horenburger stated she feels both the City Attorney and Mr. Handler are correct; while it may be technically inappropriate, she did not feel it was inappropriate to this rezoning to include those assurances to the public, as they will be included in the site plan review. She does, however, have a problem with the rezoning and what is proposed and also the time frame of the development with regard to getting the 1-95 Interchange between Linton and Yamato. At this point the roll was called to the motion. 12. Ordinance No. 79-86 - Changing the City's Land Use Plan Desig- nation (Wiebelt), Ordinance No. 79-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.85-acre parcel from MF-15 (Multiple Family) 15 units/acre to C (Commercial), located on the west side of Florida Boulevard, between Avenue "E" and Avenue "C" 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. Mayor Campbell left the Council Chambers at this time and Vice- Mayor Weatherspoon took the chair. The City Manager presented Ordinance No. 79-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR ALL OF LOTS 34 TO 44, INCLUSIVE OF BLOCK 36, PLUS THE SOUTH 48 FEET OF AVENUE C LYING ADJACENT TO SAID LOTS VACATED BY OR 1765, P 547, ALL BEING A PORTION OF DEL RATON PARK SUBDIVISION AS THE SAME IS RECORDED IN PLAT BOOK 14, AT PAGE 9 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN TROPIC BOULEVARD AND AVENUE C; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-86 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. 79-86 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 13. Ordinance No. 80-86 - Wiebelt Rezoning. Ordinance No. 80-86, relative to rezoning a 0.85-acre parcel from RM-15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, 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. 80-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, ALL OF LOTS 34 TO 44, INCLU- SIVE OF BLOCK 36, PLUS THE SOUTH 48 FEET OF AVENUE C LYING ADJACENT TO SAID LOTS VACATED BY OR 1765, P 547, ALL BEING A PORTION OF DEL RATON PARK SUBDIVISION AS THE SAME IS RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN -6- 11/25/86 TROPIC BOULEVARD AND AVENUE C, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" (Copy of Ordinance No. 80-86 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. 80-86 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. 14. Ordinance No. 81-86 - Changing the City's Land Use Plan Desig- nation (Delray Beach Railroad Depot Company). Ordinance No. 81-86, relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 1.66-acre parcel from I (Industrial) to C (Commer- cial), located north of West Atlantic Avenue, between 1-95 and the Seaboard Air Line Railroad, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 81-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM I-INDUSTRIAL TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN INTERSTATE 95 AND THE SEABOARD AIRLINE RAILROAD; AMENDING THE LAND USE PLAN, PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 81-86 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. 81-86 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; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 15. Ordinance No. 82-86 - Delray Beach Railroad Depot Company Rezoninq. Ordinance No. 82-86, relative to rezoning a 1.66-acre parcel from MI (Medium Industrial) District to GC (General Commercial) Dis- trict, 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. 82-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED MI (MEDIUM INDUSTRIAL) DISTRICT IN GC (GENERAL COMMER- CIAL) DISTRICT, A PARCEL OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN INTERSTATE 95 AND THE SEABOARD AIRLINE RAILROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" -7- 11/25/86 (Copy of Ordinance No. 82-86 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. 82-86 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; Vice Mayor Weatherspoon - Yes. Said motion passed with a 4 to 0 vote. 16. Ordinance No. 83-86 - Changing the City's Land Use Plan Desig- nation (Delray Town Center/Delray Town Center Executive Plaza). Ordi- nance No. 83-86, relative to changing the City's Land Use Plan Designa- tion in the Comprehensive Plan for a 20-acre parcel from SF (Single Family Dwelling) District to C (Commercial), in part, and POI (Profes- sional, Office and Institutional),in part, located at the northeast corner of Linton Boulevard and Military Trail, 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. 83-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM SF-SINGLE FAMILY TO C-COMMERCIAL, IN PART, AND POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL IN PART, THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 83-86 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. Mayor Campbell returned to the Council Chambers at this time. William Boos, representing the applicant, stated they perused the recommendations of the Planning Staff, pursuant to their memorandum to the Council dated November 6, 1986, in which they recommended 9 specific conditions of approval. Those have been incorporated in the recommendations for the site plan and will appear on the Agenda as Item No. 39. They are in agreement with all the conditions, plus the ones that have been added to the list for the site plan approval. The project has been reviewed at the Community Appearance Board level and Planning and Zoning Board level; all the requirements and requests for revisions and changes have been made and they are asking for Council's approval. Phyllis Plume, Planning and Zoning Board Member, stated that the majority of the Planning and Zoning Board feel there is no reason why this property cannot be developed R-1AA or possibly RM-6, given the choice between residential and commercial. The current residents of the area feel their drainage problems will be solved by going through this site plan and rezoning process. They would like the area to remain low-keyed and tranquil in character. The Land Use Policy Guide states that over commercialization of intersections of arterial roads should be avoided, and that Land Use Plan changes and rezonings from residential should be discouraged unless a market study shows a compelling benefit. This has not been proven. Every time they create another retail shop- ping center, they weaken the downtown city area, to which we are all -8- 11/25/86 dedicated to revitalizing. They have not seen sufficient evidence to justify the need for this rezoning. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 83-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 17. Ordinance No. 84-86 - Delray Town Center/Delray Town Center Executive Plaza Rezoning. Ordinance No. 86-86, relative to rezoning the westerly 10 acres (Delray Town Center) from R-1AA (Single Family Dwel- ling) District to LC (Limited Commercial) District, and rezoning of the easterly 10 acres (Delray Town Center Executive Plaza) from R-1AA (Single Family Dwelling) District to POC (Planned Office Center) Dis- trict, 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. 84-86: 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 LC (LIMITED COMMERCIAL) DISTRICT, IN PART, AND POC (PLANNED OFFICE CENTER) DISTRICT, IN PART, A 20 ACRE PARCEL OF LAND LYING AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND MILITARY TRAIL, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 84-86 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. Dougherty moved for the adoption of Ordinance No. 84-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mrs. Horenburger left the Council Chambers at this time. 18. Ordinance No. 85-86 - Amending Zoning Code - CF (Community Facilities) District. Ordinance No. 85-86, amending Chapter 30 "Zoning" of the Code of Ordinances to create CF (Community Facilities) District, 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. Mrs. Horenburger returned to the Council Chambers at this time. The City Manager presented Ordinance No. 85-86: 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 ENACTING A NEW SECTION 30-15.5 "CF (COMMUNITY FACIL- ITIES) ", PROVIDING (A) "PURPOSE", (B) "PERMITTED USES", (C) "CONDITIONAL USES" , (D) "LOT DIMENSIONS AND SITE AREA" , (E) "AGGREGATE FLOOR AREA REQUIREMENTS" , (F) "BUILDING SETBACKS", (G) "GROUND FLOOR BUILDING AREA" , (H) "TOTAL FLOOR AREA", (I) "BUILDING HEIGHT", (J) "PARKING AND LOADING REGULATIONS", (K) "WALLS AND FENCES", (L) "DISTRICT BOUNDARY LINES", (M) -9- 11/25/86 "LANDSCAPING", (N) "SIGNS", (0) "SPECIAL REGULATIONS"; BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "GENERAL REQUIREMENTS" (4) "LOCATION OF OFF- STREET PARKING SPACES" (g) "OFF-SITE PARKING" FIRST PARAGRAPH OF SUBSECTION (1) TO ADD "CF (COMMUNITY FACILI- TIES)''; BY AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUC- TION'' , ARTICLE VIII , "SIGNS AND BILLBOARDS" , SECTION 9-210, "SIGNS PERMITTED AND REGULATED", TO ADD A NEW SUBSECTION (H) "CF (COMMUNITY FACILITIES) DISTRICT" , ESTABLISHING REGULATIONS FOR SIGNS WITHIN THE CF (COMMU- NITY FACILITIES ) DISTRICT; BY AMENDING CHAPTER 23 , "STREETS AND SIDEWALKS", ARTICLE I, "IN GENERAL", SECTION 23-4, "WALLS, FENCES, HEDGES OR SIMILAR STRUCTURES ALONG PUBLIC RIGHTS-OF-WAY GENERALLY" (c) "REQUIREMENTS IN NONRESIDENTIAL AREAS" TO ADD "ALL COMMUNITY FACILITIES"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 85-86 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. Helen Coopersmith, 1222 So. Drive Way, asked for the definition of a Community Facility. She was told that it included jails. Sheryl Stolzenberg, Planning Department, stated that the permitted and conditional uses that will be allowed under this district are listed and no other uses would be permitted; a jail is not one of those uses. The public hearing was closed. Mr. Weatherspoon moved for the adoption of Ordinance No. 85-86 on Second and FINAL Reading, seconded by Mr. Bird. Mr. Bird stated he has a problem concerning giving blanket waivers of height. The procedure in the City permits them to grant waivers on height where a hardship or an unusual need is demonstrated; he can find no reason why any category should be exempted from that requirement. Mr. Bird suggested that paragraph I be struck and that they reinsert language in the ordinance which would require following the same height policy that exists for all other zoning districts. Mr. Bird stated they have had an application from a County Commissioner saying that the rules should be modified, specifically for the Courthouse. When he asked about specific data including site plan, size of the building, etc., it showed a building having some 75,000 square feet of space. That exceeds every courthouse study he has seen for the South County area. He feels that if they need that additional space, they should to be able to justify it to the Board of Adjustment. Mr. Bird made a substitute motion to approve the Ordinance on Second and FINAL reading, amending that paragraph to show the height for all buildings be 48 feet, but application for Board of Adjustment may be made for a greater height. The City Attorney asked if Mr. Bird wanted the standard lan- guage, which would be no building or structure would be constructed to four floors or 48 feet. Mayor Campbell stated the way it stands now the ordinance allows for 60 feet for the Courthouse and Mr. Bird suggested going back to 48 feet. Upon question by Mrs. Horenburger, Mr. Bird felt that government should follow its own rules and we need no specific exemp- tion. -10- 11/25/86 Mrs. Horenburger explained that Council has done that for numerous people who were concerned about ceiling height and she could see no problem with a government entity asking for the same considera- tion when we have given it to private developers on occasion and she has no problem with the way it is written. Mr. Weatherspoon agreed with Mrs. Horenburger; when talking about Community Facilities, he did not feel they should have to go through the bureaucracy just to get the additional requirement. Mayor Campbell explained that they still have to go through site plan process and Council has the final authority on what that site plan will be and they can do a lot of controlling to the site plan and it is not necessary to make the County go through another hoop of our bureaucracy. As a courtesy to the County, in trying to expedite the process to get it moving, he felt we should not put a road barrier just to show we can. If it is changed to where it can be waived by the City Council in approving the site plan on the Courthouse, then there should be a consensus. Mr. Bird then amended his substitute motion to approve Ordinance No. 85-86 on Second and FINAL Reading amending the language to reflect a height above 48 feet must be approved by this Council speci- fically at time of site plan approval upon a demonstration of need for all CF Districts, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: When asked by the City Attorney if there was to be a maximum cap, Mr. Bird replied, "Sixty feet". Mr. Dougherty reminded Council of the numerous meetings con- cerning the Courthouse, and since then there have been repeated changes. He could see no stopping place if this were allowed. Mayor Campbell suggested that since many of the representations were made by the County Commissioners, particularly Dorothy Wilkin, they need to reiterate to the Commissioners their promises and why they needed this. Sam Schwimer, Pines of Delray, remarked that nearly five years ago a group of citizens got over 4,000 signatures on a petition request- ing City Council to limit the height on buildings to 48 feet. They have allowed Atlantic Plaza to have a building with 58 feet. If Council continues this, eventually it will get to the point where anyone will get what they want, regardless of height. Helen Coopersmith, representative of PROD, stated they feel Council should let the County know there is a definite height limit of 48 feet. At this point the roll was called to the motion. 20. Ordinance No. 88-86 - Amendinq Code - Industrial Waste and Pretreatment. Ordinance No. 88-86, amending Chapter 29 "Water and Sewers" of the Code of Ordinances to provide for regulation for indus- trial waste and pre-treatment, 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 sched- uled to be held at this time. The City Manager presented Ordinance No. 88-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "SEWERS AND SEWAGE DISPOSAL"; BY REPEALING DIVISION 3, "INDUSTRIAL AND COMMERCIAL WASTE", AND ENACTING A NEW DIVISION 3, "INDUSTRIAL AND COMMERCIAL WASTE", TO PROVIDE -11- 11/25/86 FOR: PURPOSE; SCOPE; GENERAL PROVISIONS; DEFINITIONS; COMPLI- ANCE; DISPOSAL OTHER THAN THROUGH REGIONAL FACILITIES; PERMIT REQUIRED FOR BUILDING SEWERS AND CONNECTIONS; ESTABLISHING CRITERIA FOR WASTES DISCHARGED TO PUBLIC SEWERS; ESTABLISHING CRITERIA FOR THE ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE; REQUIRING PERMITS AND SETTING TERMS FOR INDUSTRIAL AND COMMER- CIAL WASTE DISCHARGE; DISCHARGE PERMIT APPLICATIONS; RIGHT TO REFUSE SERVICE; COMPLIANCE WITH NATIONAL CATEGORICAL PRE- TREATMENT STANDARDS; PROTECTION FROM DAMAGE; POWER AND AUTHORI- TY OF INSPECTORS; APPLICABILITY TO ALL USERS, INCLUDING OTHER LOCAL GOVERNMENTS; ENFORCEMENT; REPORTING INSPECTION, AND MONITORING REQUIREMENTS; PRETREATMENT REQUIREMENTS; INFORMATION AVAILABILITY; ADOPTION OF SIMILAR STANDARDS REQUIRED OF OTHER LOCAL GOVERNMENT USERS; REQUIRING USE OF PUBLIC SEWERS; REGU- LATING PRIVATE SEWAGE DISPOSAL; REGULATING BUILDING AND SEWER CONNECTIONS; PROVIDING FOR USER CHARGE AND INDUSTRIAL COST RECOVERY SYSTEM; PROVIDING FOR APPLICATION OF THIS DIVISION; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 88-86 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.88-86 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. Mrs. Horenburger left the Council Chambers at this time. 21. Ordinance No. 90-86 - Changing the City's Land Use Plan Desig- nation (Lehman). Ordinance No. 90-86 relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.317-acre parcel from MF-10 (Multiple Family), 10 units/acre to C (Commercial), located on the south side of Lindell Boulevard, between U.S. Highway 1 and Dixie Highway, is before Council for consideration on First Reading and First Public Hearing. Prior to consideration of passage of this ordinance on First Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 90-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR A PORTION OF THE PLAT OF TROPIC PALMS NO. 1, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF BLOCK 7 OF DEL RATON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-10 (MULTIPLE FAMILY) TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN U.S. HIGHWAY NO 1 AND DIXIE HIGHWAY; AMENDING THE LAND USE PLAN; PROVID- ING AN EFFECTIVE DATE. 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. Donald Hassler, 644 Jaeger Drive, stated he objects to the rezoning of the parcel due to the fact they understand the applicant wants to use it as an automobile dealership and it is an entrance to Tropic Palms. -12- 11/25/86 Frank Ellis, 649 Jaeger Drive, stated he feels the traffic is heavy enough without adding anything commercial which would possibly increase it. Maxwell Miner, 635 Jaeger Drive, objected to the possibility of another automobile dealership on the parcel. The City Attorney reminded Council that the Ordinance before them at this time is for a Land Use Designation to C-Commercial, not the rezoning or a conditional use approval. Lawson Turner, 517 Heron Drive, objected also to a car dealer- ship, stating that they would end up with a building surrounded by a fence with barbed wire that is located at the entrance to their develop- ment. The rear end of these buildings usually house all the cars that are to be repaired and looks like a junk yard. Roger Saberson, representating the applicant, stated that the remainder of this property is already Commercial. The City has been studying the appropriate location for automobile dealerships, and one of the recommendations is that these uses be located on Federal Highway south of Linton Blvd. The public hearing was closed. Mr. Dougherty moved for denial of Ordinance No. 90-86 on First Reading. Said motion died for lack of a second. Mr. Bird moved for the adoption of Ordinance No. 90-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 3 to 1 vote. PROCEDURAL ITEMS Mrs. Horenburger returned to the Council Chambers at this time. 22. Mr. Bird moved for approval of the minutes of the Regular Meeting of October 28, 1986, and the Special Meetings of November 4, 1986 and November 6, 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. 23.a.1. Mrs. Hornburger moved that Charles F. Hill be reappointed to the Police and Fire Board of Trustees for a three-year term ending June 30, 1989, and John Trantor be appointed to fill the unexpired term of John Howell ending April 22, 1988, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Mr. Bird asked if there had not been a change during the last legislative session affecting the membership and composition. The City Attorney stated they have officially taken the position that the Board composition, as it currently exists, may remain, and that the Police and Firefighter Bills that went through do not require them to make any changes. 23.a.2. Mrs. Horenburger stated it has come to her attention that there have been numerous parking tickets issued just south of the curve on A1A. The City Manager advised he has been alerted about the situation and it has been taken care of. 23.a.3. Mrs. Horenburger stated at the Treasure Coast Regional Planning Meeting in Stuart, on Friday, they approved some County Land Use amend- ments; one of them was the Commercial Designation for Lots 17-19, Block 35, Del Raton Park. The City took the position that the logical bound- ary for commercial development was Frederick Boulevard. She feels they -13- 11/25/86 need to communicate with the County to let them know that Council does not want to allow commercial uses to access onto Florida Boulevard. Mayor Campbell assured Council he would see that a letter was sent to the County. 23.a.4. Mr. Dougherty asked for a clarification as to whether or not the Georgia Town Tavern was a Bottle Club. The City Attorney replied that it is not a bottle club, it is a Package Store; a Bottle Club does not sell the liquor, you bring the bottle to the site. He feels that to allow persons to consume alcohol on the premises violates their liquor license; however, the ATF disagree and they are in control. Mr. Bird asked if there was any reason why they could not have an ordinance which prohibits the consumption of packaged goods on or about the premises on which they are sold. The City Attorney informed him that he would probably have that for First Reading next Tuesday or on December 16, 1986, at the latest. 23.a.5. Mr. Dougherty asked if the beautification consultant had been selected as yet. The City Manager advised that the beautification review committee had selected one, and had planned to make a recommendation to Council on December 2, 1986. However, since there are only going to be three members present, and a very busy agenda, he is recommending that it be taken to the Special Meeting on December 9, 1986. Upon question by Mr. Dougherty as to why it had taken so long, the City Manager responded that there were 13 responses to the RFP and all had to be reviewed. Mayor Campbell left the Council Chambers at this time. 23.a.6. Mr. Dougherty asked about the status of the Sunshine Fund. The City Manager advised that Tallahassee and Gainesville have gotten out of the mode of issuing small amounts. They are now approaching local banks about borrowing with them under a similar program with very gcod inter- est rates. It is his anticipation to have a recommendation to City Council on the 9th of December. Mr. Huddleston, Finance Director, the City's financial advisors and himself believe the Sunshine Fund is too big and the City will be better off to borrow locally. The question is how the City is going to finance its capital improvement program, whether it be through the Sunshine Pool or through borrowing from local banks. He does not want the City to get into a situation where it will have to take a back seat to Tallahassee or Gainesville. Mayor Campbell returned to the Council Chambers. 23.a.7. Mr. Dougherty stated that Council recently approved the Human Relations Committee Ordinance revision and each Council Member has an opportunity to appoint a member. Mr. Dougherty moved to appoint Jeanette Slaven to the Human Relations Committee, 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. 23.a.8. Mayor Campbell stated that Council has received a report on the golf course. There are two items which need Council's consensus, so that the City Manager can talk with Mr. Simon about revising his plan. (1) He does not believe they intended to put a swimming pool out there when we have a public swimming pool at Atlantic, and (2) it was never the intent in relocating the tennis center at the golf course to have to go out and buy property. If Council is in agreement, they need to tell the Manager to get with Mr. Simon as soon as possible to revise his report accordingly. The City Manager advised that the plan has been revised. 23.b.1 The City Attorney congratulated Assistant City Attorney Kurtz on the arrival of his new son, Michael Jeffrey. -14- 11/25/86 Mr. Bird left the Council chambers at this time. 23.b.2. The City Attorney advised that Council has been furnished a copy of the agreement with regard to Carver Middle School Recreation area. This item was presented to Council some meetings ago and was ap- proved with the understanding that should the School Board site be sold, the School Board would reimburse the City and if the City is the purchaser the City would reimburse the School Board. Award of the contract will come before Council next Tuesday or the following Tuesday. Mr. Weatherspoon moved to authorize execution of the agreement, 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. Mr. Bird returned to the Council Chambers at this time. 23.a.9 Mayor Campbell stated he met with Dr. Christiansen, whose family had done a lot on NE 8th Street in developing that property, and he would like to donate to the City a small plaque and memorial to his father to be placed along NE 8th Street. As it is in the right-of-way it is not subject to CAB approval. 23.c.1. The City Manager stated Council has been furnished a copy of the notice of the Palm Beach County Municipal League 17th Annual Meeting to be held in Belle Glade on Friday, December 12, 1986 at 12:00 Noon. 23.c.2. The City Manager advised that Mayor Campbell received news from the State of Florida Department of Community Affairs relative to the Enterprize Zone Act. Our ranking is now sixth on the list within our population category, and he hopes that the City will be designated. 23.d. There were no Non-Agenda Items by Citizens. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 24. Golf Course Well Drilling. Council is to consider award of contract to the low bidder, Youngquist Brothers, in the amount of $294,675, with funds to come from the 1983 Revenue Bonds. Approval is recommended. 25. Requisition No. 8 - Foster Marine Contractors, Inc. Council is to consider authorizing payment of Requisition No. 8 in the amount of $23,374.81, Intracoastal Waterway crossing expansion, with funds to come from the 1984 Revenue Bond. Approval is recommended. 26. Water Treatment Plant Polymer. Council is to consider award of a one year contract to the low bidder, Shanon Chemical Corporation for Polyphosphate process chemical, at a cost of $28,000 with funds to come from the 1986/87 budget. Approval is recommended. 27. County Road Improvements - Future Landscaping. Council is to consider a request that the County include provisions for landscaping in connection with future roadway construction in the City. The agreement requires that the City pay the cost for the conduits installed. Approv- al is recommended. 28. Waiver of Advertising - Scrap Aluminum. Council is to consider authorizing waiver of advertising and allow the City to sell our scrap aluminum traffic signs to Florida Metal Recycling of Delray for 28 cents per pound. Approval is recommended. 29. Nuisance Abatement. Resolution No. 62-86, assessing costs of abating nuisances in accordance with Section 13-13 on 15 parcels, is before Council for consideration. The caption of Resolution No. 62-86 is as follows: -15- 11/25/86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVID- ING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 62-86 is on file in the official Resolution Book) 30. Easement Abandonment - Portion of Princess Boulevard. Reso- lution No. 63-86, abandoning a portion of Princess Boulevard (lying between the east line of Lots 26 and 47, Sands O'Sea Subdivision and the east line of the existing right-of-way of Germantown Road), is before Council for consideration. The property is located on the east side of Germantown Road, between Linton Boulevard and Queens Avenue. The caption of Resolution No. 63-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF PRINCES BOULEVARD LYING BETWEEN THE EAST LINE OF LOTS 26 AND 47, SANDS O' SEA SUBDIVISION, AS RECORDED IN PLAT BOOK 21, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE EAST LINE OF THE EXISTING RIGHT-OF-WAY OF GERMANTOWN ROAD. (Copy of Resolution No. 63-86 is on file in the official Resolution Book) 31. Alley Abandonment - Hofman Addition to Delra¥ (Acura of Delray Beach). Resolution No. 64-86, abandoning a 16-foot alley lying east of and adjacent to Lots 38 through 43, inclusive, within the Hofman addi- tion to Delray, is before Council for consideration. The property is located on the east side of N. E. 6th Avenue, between N.E. 6th Street and N.E. 7th Street. The caption of Resolution No. 64-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF A SIXTEEN (16) FOOT ALLEY LYING EAST OF AND ADJACENT TO LOTS 38 THROUGH 43, INCLUSIVE, AS SHOWN ON THE PLAT OF HOFMAN ADDITION TO DELRAY, FLORIDA, AS RECORDED IN PLAT BOOK 5, PAGE 3, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH, COUNTY, FLORIDA. (Copy of Resolution No. 64-86 is on file in the official Resolution Book) 32. Acceptance of Easement Deed - Hofman Addition to Delray. Council is to consider acceptance of an easement deed granting a 16-foot utility easement as replacement for an alley abandonment. Approval is recommended. 33. Nuisance Abatement. Resolution No. 65-86, assessing costs in the amount of $4,210.80 for abatement action regarding demolition of an unsafe building located at 338 Southridge Road, is before Council for consideration. The caption of Resolution No. 65-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9, ARTICLE XIII OF -16- 11/25/86 THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- ING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (Copy of Resolution No. 65-86 is on file in the official Resolution Book) Mrs. Horenburger moved to approve the Consent Agenda, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 34. Atlantic Plaza Off-Site Parking Agreement. Council is to consider approval of execution of contract between the City and Atlantic Plaza, Ltd. which was a condition to the approval for conditional use and site plan. The property is located at 777 East Atlantic Avenue. Mrs. Horenburger requested that two minor changes be made on Page 3, Item No. 3 to read as follows: (1) when the CITY no longer requires off-site parking on Parcel B for Parcel A; not the PLAZA; and (2) ATLANTIC PLAZA provides alternative, lawful off-site parking for Parcel A; Mrs. Horenburger moved to approve the contract, as amended, 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. 35. Mary Chesnick Settlement. Council is to consider settlement of the City of Delray Beach vs. Mary Chesnick Workers' Compensation Claim in the amount of $150,000. The City Attorney stated that he was informed that the City has not been able to get the final approval necessary from the participating insurance companies so it would be appropriate to pass this item and it will be rescheduled. Mr. Dougherty questioned why they cannot approve or disapprove it subject to getting the concurrence from the insurance company. The City Attorney stated that they are only going to pay, potentially, about $20,000 of the total amount. If Council wants to approve it as delineated here, they could do so; however he does not have their approval for that form of participation. Mr. Dougherty suggested they approve it subject to the net cost of t~e City being between $17,000 and $25,000. The City Attorney advised that would be acceptable. The City Attorney clarified that the motion is to approve authorizing settlement provided the City's participation does not exceed $25,000. Mrs. Horenburger moved for approval, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 36. Industrial Waste and Pretreatment Agreement. Council is to consider authorizing execution of agreement between the South Central Regional Wastewater and Treatment and Disposal Board and the Cities of -17- 11/25/86 Delray Beach and Boynton Beach, setting forth the terms and conditions upon which the Cities may discharge wastewater effluent to the POTW's Regional Treatment facilities. The City Attorney explained that this was part of the agreement between the City, the SCRWTD Board and the City of Boynton Beach to implement the industrial waste pretreatment standards. The ordinance that Council adopted earlier imposes those requirements on our users. Since we are a contractor-participant with the Board now those regula- tions are being imposed on the City as a user to the Board in the same fashion. Mr. Bird moved for approval, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 37. Conditional Use and Site Plan Approval - Sugar Plum Tree II. Council is to consider a request for conditional use and site plan approval for Sugar Plum Tree II, a proposed child care facility, located east of N.E. 2nd Avenue, between Dixie Boulevard and Palm Court. The Planning & Zoning Board and Planning Department recommend approval, subject to the following conditions: (1) The existing building cuts across lot lines. Submit a Unity of Title for review and approval by the City Attorney. (2) The scaled dimensions and written dimensions for setbacks do not correspond. Correct. (3) Add a note to the site plan that all irrigation shall be from a source other than City water. (4) Parking spaces shall be double striped. (5) The parking spaces on the east side of the site should be designed with sixteen (16) feet of asphalt and a two(2) foot overhang added to the five (5) foot landscaped strip, as continuous curbing will be utilized. If not, car stops are required. Mrs. Horenburger moved for Conditional Use and Site Plan approval for Sugar Plum Tree II, subject to conditions, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 38. Conditional Use and Site Plan Approval - Bill Wallace Nissan. Council is to consider a request for conditional use and site plan approval for a 4.02-acre site at the northeast corner of Linton Boule- vard and Germantown Road. The applicant proposes a 23,118 square foot auto dealership (office/showroom, auto/service and associated ground uses). The Planning & Zoning Board and Planning Department recommend approval, subject to the following conditions: (1) Designate and provide elevations for retention areas, including cross sections. (2) The owner/applicant and project engineer must contact Carl Howard and Robert Pontek of Public Utilities to discuss gravity sewer service and the realignment of Old Germantown Road as the existing water main servicing the area south of Linton Boulevard is involved. (3) Provide fire hydrants beginning at the Linton Boulevard entrance and at 500 feet road travel spacing within the site, access drive and property perimeter. Show on site plan and improvement plans. Procedural Requirements (4) Replatting required prior to building permit. (5) Princess Boulevard abandonment must be completed prior to final plat approval. (6) Plans and agreement for the Germantown Road realignment must be approved before the issuance of the first build- ing permit. -18- 11/25/86 (7) Ail improvements shall be completed in accordance with the approved site plan. (8) 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. (9) 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. City Council Policy (10) Participation in the Linton Boulevard Beautification Program will be required. Fee is currently stated as $10.00 per linear foot of frontage. CAB Comments (11) That the seven (7) parking spaces adjacent to the parts/service building at the end of the entrance aisle off of Germantown Road be removed and replaced with landscaping. Mayor Campbell questioned the screening of the bays. Mr. Digby Bridges, architect, stated that they would not be able to see the bays from the road. A portion of the parking is being reserved as an access for Southern Bell and the equipment for their switching station. This is the only way they would approve it. The City Attorney stated the motion should be to approve the application, as amended, and include the conditions as set forth in the Planning Department's memorandum of November 19, 1986. Mr. Bird moved for approval, as advised by the City Attorney, seconded by Mr. Weatherspoon. Mr. Dougherty stated that it was his understanding there would be no ingress and egress from Linton Blvd. Mr. Bill Wallace, applicant, stated the entryway was to provide ingress and egress to Southern Bell, but he felt he should be able to utilize it if necessary. Mayor Campbell confirmed this would be only for persons going from east to west and there is to be no turn around for people to go east. Mayor Campbell stated that the City could not prevent Southern Bell from servicing the major sub-station which they have there. He requested an additional amendment be included so that the boundary on the east side of the property be landscaped sufficiently to create a tree line barrier separating the properties. Mr. Bird amended his motion to include that the boundary on the east side of the property be landscaped sufficiently to create a tree line barrier separating the properties. Mr. Weatherspoon amended his second. 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. 39. Site Plan Approval - Delray Town Center/Delray Town Center Executive Plaza. Council is to consider a request for site plan approv- al for Delray Town Center, a proposed 85,105-square foot, retail center with a free-standing financial institution with drive-through facili- ties, and for Delray Town Center Executive Plaza, a proposed 98,950- square foot business and professional office development, located at the northeast corner of Linton Boulevard and Military Trail. The Planning & Zoning Board failed to make a recommendation due to a split vote (3-3). The Planning Department recommends approval, subject to the following conditions: -19- 11/25/86 (1) Record a seventy-five (75) foot open space buffer ease- ment as referenced in the June 10, 1986 letter to Shadywoods, and show and reference on the site plan by the Book and Page number. (The City cannot enforce deed restrictions, so an easement is required.) (2) That an attempt be made to preserve more than 160 of 564 existing trees as currently shown. That saved trees be incorporated into the landscape plan. That the layout of the lake be evaluated toward making minor changes in its borders to save more trees. That a landscape plan incorporating these changes be submitted within thirty (30) days of City Council approval of this item. (3) That additional right-of-way be dedicated as an easement along Linton Boulevard and Military Trail to accommodate an expended intersection of those roads in the future. Such easement shall be in accordance with the standards of the City and Palm Beach County. The required land- scape strips along Linton Boulevard and Military Trail, however, may include this easement area. (4) Indicate vehicular stacking distance and traffic direc- tion for drive-thru bank facility at Delray Town Center. (5) That any other rights-of-way needed to accommodate the requirements of the Thoroughfare Protection Plan or any right turn lanes shown on the site plan be dedicated to the public, in accordance with the standards of the City and Palm Beach County. (6) That a right turn lane be constructed westbound on Linton Boulevard at Military Trail prior to receipt of the first Certificate of Occupancy in accordance with the standards of the City and Palm Beach County. (7) That right and left turn lanes be constructed on Linton Boulevard and Military Trail at such entrances as indi- cated on the site plan concurrent with the construction of the appropriate driveway, in accordance with the standards of the City and Palm Beach County. The right turn lane, into the northerly entrance, on Military Trail shall be dedicated as an easement concurrent with the first building permit for the Delray Town Center. (8) That the site plan data and application data pages be amended to reflect these changes. (9) In addition to road impact fees otherwise required, a contribution shall be made to the City of Delray Beach to assist in the construction of two additional lanes on Linton Boulevard and Military Trail (i.e., to ultimately widen the road from four lanes to six lanes) along the frontages of the property. To ensure that adequate roadway capacity is available to serve this development in the future, such contributions shall be made in accordance with the following fair share formula: (a) # external trips X percent of trips assigned to frontage = # assigned trips. (b) At divided by capacity of 2 additional lanes (i.e., 14,000 trips per day) = project percent of addition- al necessary capacity. (c) PP X cost of 2 additional lanes for 1 mile ($750,000 or other approved amount) X # miles of frontage = fair share contribution. The above contribution shall be calculated for the entire property and allocated to each parcel and frontage on an acreage basis, or a separate trip generation/assignment calculated on each parcel, at the option of the appli- cant. Such calculation must be approved by the City prior to plat approval. The amounts so derived from each parcel shall be paid at the time of the first Certificate of Occupancy for that parcel. Provided, however, that at such time as a contract is let for the construction of the additional two lanes the balance of the total amount due shall be payable to the City by the owner(s) of the remaining undeveloped tracts, upon thirty (30) days written notice by the City. (10) That the developer shall contribute fifty cents per square foot for all the office space to be paid to the -20- 11/25/86 City of Delray Beach at the time of issuance of Certifi- cate of Occupancy, in addition to any other road impact fees otherwise required. The funds shall be placed into a Roadway Trust Fund by the City, and trans- mitted to Palm Beach County upon establishment by the County of a special purpose impact fee for the creation of additional interchange capacity for Interstate 95 within the project's area of impact. Should Palm Beach County decide not to establish such an impact fee, the funds shall be used by the City for roadway improvements within the impact area. (11) At the time of widening of Linton Boulevard and/or Military Trail a contribution shall be made to the City for beautification of the Boulevard and/or Trail. Such contribution shall defray the cost of irrigating and landscaping the median on both roadways in accordance with plans developed by the City. Payment shall be made upon thirty (30) days written notice by the City of its intent to begin the project. Such payment shall not exceed $10.00 per front foot and shall be applied in accordance with an ordinance to be adopted by the City which the applicant understands and agrees will be applicable to this project. (12) That the property be platted and that the plat be record- ed prior to the receipt of building permits. (13) That all improvements are to be completed in accordance with the approved site plan. (14) This approval will expire within eighteen (18) months unless at least twenty-five (25) percent of the total costs of all improvements to be used in developing the site and development plan have been made by that time. If the approval expires, a request for an extension must be made in accordance with Section 30-22(E) of the Zoning Code. William Boos, representing the applicant, presented three elevations for Council review. Mayor Campbell stated that there are three conditions he would like added; 1) that there be no pole signs on the property; 2) a complimentary green barrier with sufficient trees to grow to a fairly big size, and 3) to the north, he does not want the rear end of a shopping center peeking over the wall at Duncan Center. He would like them to have an impervious green line or do whatever they need to do with their roof line in order that air-conditioning ducts, etc., will not be allowed to show. Council concurred. Mr. Bird moved for site plan approval, subject to the Mayor's comments, and the Planning Department's October 30 memorandum as amended by the November 19 memorandum, 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. 40. Ford Pursuit Vehicles - Police Department. Council is to consider the award of State contract to Don Reid Ford, Maitland, Florida for 15 4-door LTD Crown Victoria (S) vehicles at a cost of $161,377.50 ($10,086.09 each), with funds to come from the 1986/87 budget. Approval is recommended. Mrs. Horenburger moved to approve the contract, 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. 41. Recodification - Code of Ordinances. Council is to consider authorizing execution of agreement between the City and American Legal Publishing Company for recodification of Code of Ordinances. The City Attorney stated this was on the agenda to approve the agreement. In addition to doing so Council will be waiving further bidding, because he understands there are only two viable entities in -21- 11/25/86 the State. That is a policy issue. Council has a choice of a single column, which is Exhibit A and the double column, which is Exhibit B. The consensus was that Council preferred Exhibit A. Upon question, the City Attorney reported the actual expenditure would be $27,625.00. Mrs. Horenburger moved to approve the agreement, 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. 42. Ordinance No. 91-86 - Lehman Rezoning. Ordinance No. 91-86, relative to rezoning a 2.317-acre parcel from RM-10 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, located on the south side of Lindell Boulevard, between U.S. Highway No. 1 and Dixie Highway, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 16th. The City Manager presented Ordinance No. 91-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, A PORTION OF THE PLAT OF TROPIC PALMS NO. 1, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH A PORTION OF BLOCK 7 OF DEL RATON PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE SOUTH SIDE OF LINDELL BOULEVARD, BETWEEN U.S. HIGHWAY NO. 1 AND DIXIE HIGHWAY, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Dougherty moved to disapprove Ordinance No. 91-86. Said motion died for lack of a second. Mr. Bird moved to approve Ordinance No. 91-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 43. Ordinance No. 92-86 - Baker Annexation. Ordinance No. 92-86, relative to annexing a 0.38-acre parcel subject to R-1AA (Single Family) Zoning District, located at the southwest corner of N.W. 1st Avenue and N.W. 22nd Street, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 13, 1987. The City Manager presented Ordinance No. 92-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 45, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 25, PAGE 26, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI- PAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF N.W. 1ST AVENUE AND N.W. 22ND STREET; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 92-86 on First Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger -22- 11/25/86 - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 44. Ordinance No. 93-86 - Amending Code - Two-Hour Parking Areas. Ordinance No. 93-86, amending Chapter 26 "Traffic" of the Code of Ordi- nances relative to adding two additional parking areas where two-hour zones are applicable, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 16th. The City Manager presented Ordinance No. 93-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, "TRAFFIC", ARTICLE I, "IN GENERAL", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING DIVISION 2, "TWO-HOUR ZONES", SECTION 26-44, "DESIGNATED", TO ADD TWO ADDITION- AL PARKING AREAS WHERE SUCH TWO-HOUR ZONES ARE APPLICA- BLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 93-86 on First 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. 45. Ordinance No. 94-86 - Amending Code - Drainage Conditions. Ordinance No. 94-86, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances to provide a certificate of drainage conditions, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 16th. The City Manager presented Ordinance No. 94-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 105.4, "PLOT DIAGRAM", SUB-SECTION (b), TO PROVIDE THAT THE APPLICANT SUPPLY A LETTER WHICH IS SATISFACTORY TO THE CITY ENGINEER OR ASSISTANT CITY ENGINEER FROM AN ENGINEERING FIRM CERTIFYING THE DRAINAGE CONDITIONS HAVE BEEN INVESTIGATED; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 94-86 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. 46. Ordinance No. 97-86 - Amending Zoning Code - Definition of Family. Ordinance No. 97-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to definition of family, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 16th. The City Manager presented Ordinance No. 97-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", SECTION 30-1 "DEFINITIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION (33) "FAMILY"; TO PROVIDE THAT "FAMILY" SHALL MEAN ONE OR MORE PERSONS, PROVIDED THAT, UNLESS RELATED BY BLOOD, MARRIAGE, OR ADOPTION, NO SUCH FAMILY SHALL CONTAIN OVER TWO PERSONS; PROVIDING FOR FOSTER CHILDREN IN FOSTER -23- 11/25/86 HOMES; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney stated that Council had another option in front of them that was distributed earlier. There is an alternate ordinance which uses the same definition of family, but which has some additional clarifiers in it. It was suggested that the other alterna- tive ordinance may be more appropriate or to Council's liking. If they change their minds later, he can reread it. Mrs. Horenburger commented that she had problems with both. The proposed one in the agenda packet read two persons, and they made a limit on a total of 5 children, both natural and foster. She has not had an opportunity to read the alternate ordinance. The City Attorney explained that it had essentially the same definition but it has inclusions and exclusions. Mrs. Horenburger felt the alternate was addressing group care type homes for adults over the age of nineteen, and anyone over nineteen years of age would be an adult. She felt that when you talk about foster children you are talking about minor children under eighteen, so she suggested it should be done differently. Mr. Dougherty stated that when it first appeared on the work- shop agenda, Council was defining a family as one that contained three persons; one of the options gives seven persons and the other gives you eight persons. He felt they were headed in the wrong direction. The City Attorney stated that it fits more in line with the neighboring jurisdictions. Cities of Boynton Beach and Boca, for example, use this format. He suggested this be postponed to the work- shop of December 9 for further discussion and he will supply some additional background. Mr. Bird moved to postpone the approval until more discussion has taken place at the workshop of December 9, 1986, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 47. Emergency Ordinance No. 98-86 - Moratorium on Residential Conversion. Ordinance No. 98-86, declaring an emergency and enacting a moratorium on the issuance of any City approval or permits which approve of or permit the conversion of properties from commercial uses to residential uses located in SC, GC, CBD and LC zoning districts, is before Council for consideration on First Reading. If passed, Public Hearing will be held on December 16,1986. The City Manager presented Ordinance No. 98-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, DECLARING AN EMERGENCY AND ENACTING A MORATORIUM ON THE ISSUANCE OF ANY CITY APPROVAL OR PERMITS WHICH APPROVE OF OR PERMIT THE CONVERSION OF PROPERTIES FROM COMMERCIAL USES TO RESIDENTIAL USES WHERE SUCH PROPERTIES ARE LOCATED IN THE SC (SPECIALIZED COMMERCIAL), GC (GENERAL COMMERCIAL), CBD (CENTRAL BUSINESS DISTRICT), LC (LIMITED COM~4ERCIAL), ZONING DISTRICTS OF THE CITY; PROVIDING THAT SUCH MORATORIUM SHALL BE EFFECTIVE FOR NINETY (90) CALENDAR DAYS FROM NOVEMBER 18, 1986 AND SHALL BE APPLICABLE TO ALL PROPER- TIES NOT HAVING RECEIVED SUCH REQUIRED APPROVALS OR PERMITS AS OF NOVEMBER 18, 1986. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 98-86 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; -24- 11/25/86 Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Upon question by Mr. Dougherty as to the legality of the action taken by Council the week prior, the City Attorney advised that it was legal, but needed to be followed up with an ordinance of this nature to ratify that action. There is no court case in our jurisdiction; however, we need to do a follow up, as a precautionary measure. Mr. Dougherty questioned the emergency and Mayor Campbell responded by explaining that the immediate concern is of people who are transferring properties, be they residential or commercial, into board- ing houses in an area of rapid deterioration that is having an adverse effect on a month by month basis on all the properties around it. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 10:15 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 November 25, 1986 which minutes were formally approved and adopted by the City Council on ~,~./~//~ . 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. -25- 11/25/86