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12-16-86 DECEMBER 16, 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 7:02 P.M., Tuesday, December 16, 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 Gerald Dingman, Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved to approve the agenda and to move Item No. 24 from the consent agenda to be the first item of the regular agenda and Item No. 31 of the consent Agenda to be heard in conjunction with Item No. 7, 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. 5. Presentation - Winners of Essay and Poster Contests "Literacy - Illiteracy: It's Your Choice" (Mrs. Sylvia Waldner): Essays: Adam Ball Posters: Julie Idone Kali Valenzuela Tyler Higgs Todd McGuire Magie Starkey Mike Sherson Sylvia Waldner, a representative of ORT, introduced each of the seven winners and presented each with a U.S. Savings Bond and a personal framed letter of Congratulation from Governor Bob Graham. Mayor Camp- bell also presented each with a letter of commendation. PUBLIC HEARING 6. Ratification of Sale of City Property. Council is to consider ratification of sale of a portion of Section 8, Township 46 South, Range 43 East, south of Lake Ida Road between N.W. 4th Avenue and N.W. 6th Avenue. Mayor Campbell explained that this parcel of land was being donated for a new site for the Delray Day Care Center. Mrs. Horenburger moved to ratify the sale, 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: Mr. Dougherty objected to the price of $10.00 and suggested that the contract be reworded so the price of the land be equivalent to the drainage improvement requirements. The City Attorney stated that the City could give $100,000 to the child care center and they could use that money to buy the land from the city. So to the extent that the City is selling it to them for $10.00 and other good and valuable consideration, he felt that was proper under the Charter. Mayor Campbell stated that the City's legal advisor had assured the Council that they were within legal bounds. There is sufficient evidence in the record that the Child Day Care Center will be making improvements to the land. These are going to benefit that particular area and block and the City will be getting direct benefit. At this point the roll was called to the motion. 7. Ordinance No. 89-86 - Lehman Annexation. Ordinance No. 89-86 relative to annexing a 13.304-acre parcel subject to SC District, is before Council for consideration on Second and FINAL Reading. The property is located on the west side of U.S. Highway No.1, between Lindell Boulevard and the C-15 Canal. 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. 89-86: 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 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE WEST SIDE OF U.S. HIGHWAY NO. 1, BETWEEN LINDELL BOULEVARD AND THE C-15 CANAL; 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. 89-86 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. The City Attorney stated that in Section 4 of the Ordinance, the tract would be annexed pursuant to the City's SC (Specialized Commercial) Zoning District. Mr. Bird moved for the adoption of Ordinance No. 89-86 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Roger Saberson, a representative for William Lehman, stated that he would like to have an opportunity to meet with the people who have expressed concern in the last week and perhaps revise plans in such a manner to make them less objectionable. With this in mind, they would be amenable to postponing this item. However, he did request that Council act on Item No. 38 that goes along with Item No. 7, relative to the abandonment of alleys and easements. Mr. Bird moved that Item No. 31 on the Regular Agenda follow Item No. 7.a., seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird moved that Item No. 38 on the Regular Agenda follow Item No. 7.a. as Item No. 7.b., seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. -2- 12/16/86 7.a. (Item 31) Conditional Use and Site Plan Approval - Lehman Auto Dealerships. Council is to consider a request for Conditional Use and Site Plan approval for Lehman Auto Dealerships. This is a proposed automobile sales and service facility consisting of four separate dealerships, located on the west side of South Federal Highway, between Lindell Boulevard and the C-15 Canal. The Planning & Zoning Board and Planning Department recommend approval, subject to the following con- ditions: Technical and Code Requirements 1. The required five (5) foot concrete sidewalk shall run through the driveways. (Eng.) 2. Since this development will be accomplished on a phased basis indicate the improvements (such as parking, landscaping etc.) which will be accomplished by each phase. All areas of land cleared but not constructed as a particular phase shall be sodded and irrigated. (Eng.) 3. Each phase must stand on its own in terms of parking etc. (Plan.) 4. Show improvements 125 feet off-site. (Eng.) 5. Reconstruct and landscape new openings and closures of Lindell Boulevard median. Curb at median opening if none presently exists. (Eng.) 6. A paving, grading and drainage plan which provides for one inch (1") retention for the entire site shall be submitted and must be approved by the Engineering Division prior to issuance of any building permits. (Eng.) 7. An "on site" traffic plan for the entire site plan shall be submitted to and approved by the Engineering Division prior to any building permits. The traffic plan, both on site and off site, shall include STOP, YIELD, NO LEFT TURN, RIGHT ONLY, HANDICAP PARKING BY DISABLED PERMIT ONLY, etc., as well as pointed (on site) and thermoplastic reflectorized (off site) pavement markings, all in compliance with MUTCD standards. (Eng.) 8. The developer shall be required to widen Lindell Boulevard from 20 to 24 feet on both the east-bound and west-bound lanes from Old Dixie to Federal Highway. In addition, the developer shall provide an acceptable exclusive right and exclusive left turn lanes from the main entrance into the site on Lindell Boule- vard. The developer shall also be responsible for full width resurfacing of Lindell Boulevard from US-1 to Old Dixie. (Eng.) 9. Record an agreement acceptable to the City Attorney to remove the first row of parking adjacent to Dixie Highway and reland- scape, so as to provide a minimum 20 foot landscape area from the ultimate right-of-way, at such time as Dixie Highway is widened. 10. That all signs be ground signs. Community Appearance Board 11. Meet with the City and Tropic Palms to determine "ownership" of entrance signs and possible relocation of same. Procedural Requirements 12. Replatting is required prior to Building Permit issuance due to the abandonments and inclusion of unplatted areas. (Plan.) 13. That all signs be approved by the Building Department and CAB. (Bldg.) 14. That all improvements be completed in accordance with the approved site plan. 15. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improve- ments are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-22(E) of the Zoning Code. -3- 12/16/86 The following persons appeared before Council to voice their objection to the proposed Lehman Automobile Dealership that is under consideration for Conditional Use & Site Plan approval: Frank Ellis, Helen Coopersmith, Sam Schwimer, Denny Desio, Don Hassler, Brent Carper, Gary Emery, Paul F. Smith, Bill Schnabel, Bob French, Bettye Malicoat, Mary Banting, James Bowen, Celanne Ziegler, Richard Munsterman, Don Doornbos, Jean Beers, Charles Smith, Marion MacLeod, Phil Rogers and Nancy Carper. Mrs. Horenburger left the Council Chambers at this time. Mayor Campbell assured the people who expressed concern about the dealership .that they will receive proper notification as Council proceeds. Council does not want anyone to feel the process is bypassing them. He also asked that a pad be placed in the lobby so those voicing their feelings might write their name and address in order to expedite the notification. Mrs. Horenburger returned to the Council Chambers at this time. Mr. Dougherty moved that Items No. 31 and 38 be put back on the Agenda in view of the testimony received, as he felt Council should be in a position to make a decision tonight. The motion died for lack of a second. Mr. Bird left the Council Chambers at this time. Roger Saberson, a representative for the applicant, requested that Council give consideration to a postponement of Item No. 31 and recommended it be set for December 30, 1986. The Land Use Plan Ordi- nance Amendment for the 2.1 acres in the N.W. corner of the site, together with the rezoning has been advertised for a December 30th hearing. He expressed a desire to meet with the persons objecting to this use and discuss specifically what is being proposed, how they plan to do it and give all an opportunity to view the plans. If the public could see no possible way it would be aesthetically pleasing enough to be approved, they have the option of returning to Council and expressing the same views that have been expressed tonight. The site is already 80% zoned CG (Commercial) in the county. That zoning permits auto dealerships as a special exception and in City code, once this has been zoned Commercial there are 88 permitted uses and a number of conditional uses. The traffic impact should be considered in relation to the other uses. In terms of percent of total traffic entering the intersection at Lindell Boulevard and Federal Highway during peak hour and peak season, the percentage is 4.1%. At the intersection of Lindell Boulevard and Dixie Highway, it is 2.9%. In comparison, their traffic engineer informed them if this parcel was used for office space with 200,000 square feet, there would be a 38% increase in traffic. If it were to be retail with 100,000 square feet, the increase would be 287%. They would like the public to investigate the other possible uses available for this site, give it some consideration, and this time frame would give them an opportunity to do this. Mr. Bird returned to the Council Chambers at this time. Mr. Bird moved that Item No. 31 be postponed until January 13, 1987, for Conditional Use and Site Plan Approval, 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.b. (Item No. 38) Abandonment of Rights-of-Way, Alley and Easements - Tropic Palms and Del-Raton Park. Resolution No. 68-86 relative to abandoning all those road rights-of-way, alleys and easements lying within Tropic Palms Plat No. 1 and Del-Raton Park (south of Lindell Boulevard), is before Council for consideration. The Property is located on the west side of South Federal Highway, between Lindell Boulevard and the C-15 Canal. The caption of Resolution No. 68-86 is as follows: -4- 12/16/86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING ALL THOSE ROAD RIGHTS-OF-WAY, EASEMENTS, ALLEYS, WATERWAYS AND CANALS, OTHER THAN THE C-15 CANAL, WITHIN A PORTION OF TROPIC PALMS PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25, PAGE 99 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF DEL RATON PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 14, PAGE 9 AND 10, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. (Copy of Resolution No. 68-86 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of Resolution No. 68-86, deleting Section 2, seconded by Mr. Bird. 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. Mr. Dougherty felt Council was premature in passing an abandon- ment of rights-of-way until such time when the other issue has been approved. Another use may not require the abandonment. Mr. Saberson commented that regardless of the use, the rights- of-way, canals and easements that are there now need to be abandoned as they go right through the middle of the property. Some of the rights- of-way date back to the early 1900's and have never been developed and never used. It is separate and apart from the issue of automotive use, but to the use of the property generally. Mayor Campbell declared a recess, the time being 8:38 PM. and reconvened at 8:50 P.M. 8. Ordinance No. 93-86 - Amending Code - Two Hour Parkinq 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 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. 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 AD- DITIONAL PARKING AREAS WHERE SUCH TWO-HOUR ZONES ARE APPLICABLE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 93-86 is on file in the official Ordi- nance Book) The City Attorney read the ~aption 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. 93-86 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. 9. 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 Second and FINAL Reading. Prior -5- 12/16/86 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. 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-SUBSECTION (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. (Copy of Ordinance No. 94-86 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. 94-86 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. 10. 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 located in SC, GC, CBD, and LC zoning districts, is before Council for consider- ation on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 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 COMMERCIAL), 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 PROP- ERTIES NOT HAVING RECEIVED SUCH REQUIRED APPROVALS OR PERMITS AS OF NOVEMBER 18, 1986. (Copy of Ordinance No. 98-86 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. 98-86 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. 11. Ordinance No. 156-86 - Renewal of Fairbanks Communications, Inc. Franchise. Ordinance No. 156-86, relative to franchise renewal for -6- 12/16/86 Fairbanks Communications, Inc., doing business as Leadership Cable- vision, 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. 156-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRANCHISE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDING SECTION 10-26, "DURA- TION AND RENEWAL OF FRANCHISE; APPLICATION AND RENEWAL FEES", BY REPEALING SUBSECTION (A) AND ENACTING A NEW SUBSECTION (A) TO RENEW THE FRANCHISE OF GRANTEE I, FAIRBANKS COMMUNICATIONS, INC., D/B/A/ LEADERSHIP CABLE- VISION, THE RENEWAL TO COMMENCE ON JULY 22, 1989 FOR A PERIOD OF FIFTEEN YEARS ENDING JULY 22, 2004 UNLESS SOONER TERMINATED AS PROVIDED WITHIN THIS CHAPTER; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. (Copy of Ordinance No. 156-86 is on file in the official Ordinance 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. 156-86 on Second and FINAL Reading, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: Dennis Chambers, General Manager of Sunbelt Denntronics, Grantee No. 2, holding a partial City franchise for providing cable TV services in the City of Delray Beach, stated that Sunbelt became aware of Leadership's renewal process after their first hearing and would like Council to be aware that they are concerned about the proposed new ordinance. They have been trying to speed up their input and take into consideration that at the time Sunbelt was given its franchise, it was tied to the term of Leadership's renewal. They had made an attempt to have their renewal heard at the same time, but there wasn't enough time to get it on the agenda. Sunbelt is very concerned and wants to be totally involved if a new ordinance is written. They may be coming in for renewal after the new ordinance is in effect, and Leadership will already be granted their renewal prior to passage of the new ordinance. The City Attorney stated that the renewal of Leadership's Franchise will require them to abide by the new revisions to the ord- inance, so they will both be playing by the same rules. At this point the roll was called to the motion. 12. Ordinance No. 164-86 - Changing the City's Land Use Plan Designation. Ordinance No. 164-86, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel from I to C, located south of Linton Boulevard, west of Dixie Highway and east of S.W. 4th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held on December 30th. The City Manager presented Ordinance No. 164-86: 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 LOTS 1 THROUGH 32, INCLUSIVE, BLOCK 2 AND LOTS 1 THROUGH 5, INCLUSIVE, BLOCK 3' OF WEST EL BE, AS RECORDED IN PLAT BOOK 15, PAGE 22, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM I -7- 12/16/86 (INDUSTRY) TO C (COMMERCIAL). THE SUBJECT PROPERTY IS LOCATED SOUTH OF LINTON BOULEVARD, WEST OF DIXIE HIGHWAY AND EAST OF S.W. 4TH AVENUE; AMENDING THE LAND USE PLAN; PROVIDING 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. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 164-86 on First 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. PROCEDURAL ITEMS 13. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of November 11 and December 2, 1986 and the Special Meeting of November 18, 1986, 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. 14.a.1. Mr. Dougherty stated that neighboring communities have been passing ordinances or resolutions recommending the County Commissioners expedite the solid waste site situation. Perhaps this Council should indicate their support. A moratorium should not be treated lightly. The construction of such a facility could take three to five years. He suggested sending a resolution or the appropriate communication to the County Commissioners, recommending a timely decision. Mr. Bird suggested having Tim Hunt, of the Solid Waste Authori- ty, give Council a brief overview at a workshop meeting. Mayor Campbell requested Mr. Bird give Mr. Hunt a call and asked the City Attorney to draft a resolution and put it on the next regular meeting agenda. 14.a.2. Mr. Dougherty asked the status of the towing service contract. The City Manager stated they had met with all the towing contractors and are planning to let bids and use one contractor for all vehicles. After much discussion, the current rotation process was determined to be more desirable. Mayor Campbell stated Council would review a brief summary from the towing contractors and, if necessary, will be considered again. 14.a.3. Mr. Bird wished Seasons Greetings to one and all. 14.a.4. Mrs. Horenburger stated that the proposed Child Care Ordinance is well under way. 14.a.5. Mrs. Horenburger reported on the County workshop. The munici- palities met with the County officials, administrators and staff members to discuss various problems and possible conflicts. Some of the major issues were transportation, health care, water management, etc. and she feels there is a much better working relationship with the County than before. 14.a.6. Mrs. Horenburger requested staff obtain a report from the County Commissioners and Engineering Department's meeting concerning the five-year road plan. She had contacted the majority of the commission- ers asking them to reconsider the extension of Lake Ida Road. If the existing road is not going to be widened, it should not be extended. Mayor Campbell stated he had been in contact with Gerald Church, City Engineer, and there is a final public hearing to be held in January on the five-year plan, when final consideration for the four- laning and the extension will be considered. The Lake Ida extension is scheduled for next year's budget and the four-laning is scheduled for 1991. 8 12/16/86 14.a.7. Mrs. Horenburger reported on her trip to Tallahassee on behalf of the Treasure Coast Regional Planning Council and the South Florida Water Management District. Due to problems that exist in northern counties, the State Legislature is considering redrawing all the dis- trict boundaries for soil and water conservation, planning councils, water management districts, and health and rehabilitative services, etc. The Treasure Coast Council felt it inappropriate for them to consider dividing Lake Okeechobee and the Kissimmee River into three Water Management Districts to solve the problems of the northern counties only. There was no final decision. 14.a.8. Mrs. Horenburger reported on her trip to San Antonio, Texas, to the National League Congress of Cities. Some of the major issues discussed were The Clean Water Act, Housing and Community Development and the Evans-Robb Proposal. This last bill basically would kill most programs important to cities, by suggesting the Federal Government take over all Social Welfare Programs and cut all Federal funding to cities. She concluded by wishing all Happy Holidays. Mrs. Horenburger left the chambers at this time. 14.a.9. Mr. Weatherspoon wished all a Merry Christmas. He emphasized the fact that the NLC Meeting in San Antonio provided a forum for people to grow, and after attending, feels Council members are better able to serve the citizens. 14.a.10. Mayor Campbell stated he had some communication for Council and the public from Rick Reikanis, Director of the Florida League of Cities, District 12. He recommends attendance to the local delegation meetings to be held the end of January. Meeting with delegates from other cities will encourage the local delegation to coordinate goals and objectives for submittal and passage in the upcoming legislature. The City Attor- ney requested if there were items to be placed on the agenda for the end of January, Mary Baruch must be notified no later than January 15. 14.a.ll. Mayor Campbell requested the City Manager to update the pro- gress of the goals and objectives by the first part of January. 14.a.12. Mayor Campbell stated that Beril Kruger indicated a land use plan change on property in the north end may require a different plan than adopted by Council. Due to the timing, if Council approves, it can be placed on the agenda for December 30, for First Reading. The City Attorney advised this could be done, but it could not be adopted on Second Reading until the next set of Land Use changes in 1987. Mr. Kruger stated that Stan Weeden of the Planning & Zoning Department indicated it could be reviewed again. 14.b.1. The City Attorney reported on two settlement issues and two lawsuits. The first concerns an automobile accident involving Jeanine Bazalay and a settlement has been negotiated by the City Attorney's Office. The City Attorney recommended Council ratify the sum of $10,000. Mr. Bird moved to ratify the $10,000 settlement, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mrs. Horenburger returned to the Council Chambers. 14.b.2. The City Attorney stated the City has instituted an injunctive relief public nuisance abatement action against the Corporate owners of the Georgia Town Tavern property. The principal in that corporation approached the City with a settlement offer which Council needs to consider and direct staff with appropriate action. Mr. Thomas stated if it was acceptable, it would not be necessary for him to incur further legal expense preparing for the forthcoming January 8 hearing. Mr. Thomas agreed to padlock the doors if the City agreed to purchase the property and/or the liquor license. The original offer was $95,000 for the property alone, but the City has been able to negotiate that down to $65,000. In addition he would sell his liquor license, which is a 4 COP (Consumption on Premises), for $110,000. That makes a total package of $175,000. Mayor Campbell stated he was not prepared to make a decision -9- 12/16/86 at this time and recommended it be put on the December 30 Agenda, still leaving enough time prior to the January 8 hearing to enter into a settlement. Mr. Bird left the Council Chambers. The City Attorney stated if Council were going to reject the offer, there was no point in investigating the possible uses of the property. Mr. Dougherty suggested that Council request staff to explore the possibilities and inform them at the next meeting. Mr. Dougherty stated if the property were purchased by the City, there should be some condition or stipulation to avoid having another business open on Atlantic Avenue in the near vicinity. The City Attorney stated that staff would notify Mr. Thomas that conceptually the City is interested if an agreement can be reached. 14.c.1. The City Manager stated the City has reached an agreement with Mr. Hubler, of Public Administration Service, on a contract in the amount of the bid, $38,340 and recommended that Council award that contract, subject to final technical review by the City Attorney's Office. Mr. Weatherspoon moved that the contract be awarded and rati- fied to Public Administration Service, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Dougherty - Yes; Mrs. Horen- burger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14.c.2. The City Manager stated there had been three very important meetings held in the past two weeks; one concerning the Atlantic Avenue Project. There were four groups consisting of the City, the Beautifica- tion Trust, the Community Redevelopment Agency and the Downtown Develop- ment Authority that had been meeting in separate bodies to work on a beautification program. Significant progress has been made in determin- ing the cost. An ancillary project is Veteran's Park which will be dealt with later. The second item is concerning The Old School Square Foundation involving the CRA, the City and representatives of the Historical Society and The Old School Square Foundation, Inc. The Mayor and Mr. Simback felt the reports were not clear and have assigned Kathy Daley to work with the committee as there is funding available from the state. The third item concerns the review by the Task Force of the permitting and inspection process. Committee members received a docu- ment of the process that builders and/or developers must follow to secure site plan approval, building permits, etc. The committee will have completed their recommendations within a two to three month period. Hopefully, they will come up with a process that will work well in the City and still comply with the City code. Mr. Bird returned to the Council Chambers. Mrs. Horenburger posed a question relating to an Historic Preservation Ordinance and the possibility of a new Board being named. The City Manager stated the Old School Square Foundation, Inc., was separate from the Historical Society, though closely related. Mr. Dougherty questioned if they were an independent corpora- tion and would be doing their own funding, etc. The City Manager stated the purpose of bringing the groups together was to be informed that this particular group existed. Not one organization will be totally respon- sible and the City will probably be requested to become involved from a financial standpoint. Mr. Dougherty did not feel the group should be able to dictate who and how much financial assistance each should provide. Mrs. Horen- burger stated it was an organization anyone could join and contribute to. The state mandates these types of organizations in order to fund grants to the cities. -10- 12/16/86 Mr. Dougherty stated that if the City is going to be the financing agent, the City Manager should be the Director. Mayor Camp- bell stated that at the appropriate time the money is allocated, the City will not just turn over dollar sums to any entity. The City Manager requested that Council allow time for deliberation by the board so concrete recommendations may be presented for consideration. 14.d.1. Robert Redman, owner of Doc's Soft Serv, requested that he be allowed to retain the sign installed on the top of his building for the next six years. He presented a petition containing 250 signatures of persons interested in preserving what they call a landmark. Mayor Campbell asked the City Manager to provide Council with the necessary information on how to handle a situation of this nature according to the context of the City Code. If appropriate to consider special circum- stances, it will be placed on the December 30 agenda. 14.d.2. Charles Raible, Vice-President of Highland Park Company, successors to the Highland Trailer Park, stated that in April, 1986, Council granted the Park an extension until December 31, 1986, in order to get the water agreements signed in proper form. At this time the Park has 125 out of 128 agreements to be presented to attorney J. Reeve Bright, who recommended Council be requested to extend this in order to avoid a citation. Mayor Campbell stated the consensus of Council would be to grant an extension to January 31, 1987. It will be placed on the agenda for December 30, 1986, for formal action, if the three remaining agree- ments were not completed. CONSENT AGENDA The following items were considered by Council as the Consent Agenda: 15. Storm Sewers - Rio Del Rey. Council is to consider awarding a contract to the low bidder, Charles S. Whiteside, in the amount of $16,935 for installation of storm sewers, with funds to come from the 1986/1987 budget. Approval is recommended. 16. Request for Solicitation of Funds - Arthritis Foundation. Council is to consider approval of solicitation from January 5 through January 17, 1987. Approval is recommended. 17. Request for Solicitation of Funds - American Legion Poppy Sale. Council is to consider approval for solicitation for February 20 and February 21, 1987. Approval is recommended. 18. Request for Solicitation of Funds - American Heart Association. Council is to consider approval of solicitation from March 2 through March 14, 1987. Approval is recommended. 19. Request for Solicitation of Funds - Delray Beach Public Library Association, Inc. Council is to consider approval of solicitation from March 8 through March 21, 1987. Approval is recommended. 20. Acceptance of Deed - Harris Pecan Company. Council is to consider acceptance of quit-claim deed for a parcel at the southeast corner of the Delray Beach Municipal Golf Course. 21. Utility Trucks - Police Department. Council is to consider awarding a State contract for two Dodge Ramcharger Utility Trucks for Patrol Division (K-9) to replace two 1983 Dodge four-door passenger vehicles, at a cost of $24,678, with funds to come from the 1986/1987 Budget. Approval is recommended. 22. Janitorial Supplies. Council is to consider awarding contracts to the three low bidders for janitorial supplies for the year, with funding to come from the inventory expense account: Mutual Paper Company $ 7,380.00 St. Lucie Paper 4,537.50 -11- 12/16/86 Jim Walter Paper 853.65 $12,771.15 Approval is recommended. 23. Relocation - Congress Avenue Wastewater Forcemain. Council is to consider an emergency requirement by County Engineer's Office to relocate 10" forcemain which provides service to Del-Aire Golf Club, Delray Oaks, Sabal Pines and part of the IBM complex and award contract to Southern Pipeline, Inc., in the amount of $20,449, with funds to come from the 1986/87 budget. Approval is recommended. 25. Manhole Replacements - Lakeview Subdivision. Council is to consider awarding a contract for manhole replacements to Southern Pipeline, Inc.: 3225 Lakeview Drive $22,636 3544 Lakeview Drive 21,337 Funds are to come from the 1983 Revenue Bond. Approval is recommended. 26. Ratification of South Central Regional Wastewater Treatment and Disposal Board Action of November 6th Meeting. Council is to consider ratification of SCRWTD Board action relative to Amendment to ESC Sludge Handling Contract. This was approved 6 to 0 by the SCREWTD Board. 27. Meters, Fittings, Valves and Miscellaneous Supplies - Public Utilities Department. Council is to consider award of a contract to the following low bidders: Trans-Fla $ 19,103.42 Davis Meter Company 96,217.93 Hughes Supply 11,175.00 S. E. Municipal 32,167.25 B & H Sales 18,298.00 Badger Meters 16,539.50 Kent Meters 9,787.00 Neptune Meters 20,866.81 $ 224,154.91 Funds are to come from the 1986/1987 budget. Approval is recommended. 28. State Insurance Program Covering Public Officials and Employ- ees. Resolution No. 66-86, urging the State Legislature to either ensure the availability of or become an insurer for a State insurance program covering public officials and employees, is before Council for consideration. The caption of Resolution No. 66-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE STATE LEGISLATURE TO EITHER ENSURE THE AVAILABILITY OF OR BECOME AN INSURER FOR A STATE INSURANCE PROGRAM COVERING PUBLIC OFFICIALS AND EMPLOYEES; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 66-86 is on file in the official Resolution Book) Mrs. Horenburger moved to approve the Consent Agenda as amended seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Regular Agenda 24. Reimbursement to Developers for Upsizing/Oversizing Utility Services. Council is to consider establishing City policy relative to actual cost increases for upsizing water mains and increasing capacity for lift stations. Approval is recommended. -12- 12/16/86 Mrs. Horenburger expressed curiosity since this had not been before a workshop as the memo before her had indicated and was eager for more information. Robert Pontek, Public Utilities Director, stated the City is currently using a five-year agreement. Under the Master Plan, there are certain elements that need to be installed now, for example, upsizing utility lines from 8" to 16". It is advantageous to have the developers install the proper size now, then present the idea to Council for approval. There is a need to formulate a policy statement through the City Manager's Office. They need to know if Council desires to have those brought back, case by case, anticipating 10 to 12 cases a year with a price range from $2,000 to $30,000. Those involving lesser monies might be handled through the City Manager's Office and the balance by Council. Mrs. Horenburger questioned how this would lessen the City's involvement. Mr. Pontek stated if the lines are upsized or there is an increase in the overall capacity of a particular lift station, it will be necessary to write a five-year agreement with a developer. By doing this, the City will guarantee pro rata share for anyone else connecting. If a 20% user comes in, Public Utilities must obtain a check from the developer to the City, act as a monitor and disburse those funds back to the original developer. Public Utilities will determine the impact the City has created for the developer to increase the facilities for the future. They would request Council to authorize payment for the in- creased portion to the existing developer who made these improvements for the Utility Department. With the proposed plan, the City pays up front and collects by impact fee when the next person connects in. Mr. Dougherty stated the City needs larger mains to accommodate the developers but are leapfrogging. By servicing the new developer, the current customers of the water and sewer system are paying for something in the future. The obligation should belong to the developer. Mrs. Horenburger stated the capacity is not now available, but built in for the future. If Council requests Public Utilities to install larger mains, someone must assume the responsibility for the cost. Mayor Campbell stated if a person in the area needed to utilize their property and more people would be tapping in later, the City cannot penalize that person to build a system to accommodate neighbors. Mr. Pontek stated with water storage fees and transmission fees the utility will build 12" lines and install ground storage tanks to insure good fire protection. Public Utilities is attempting to save the City money in the future by requiring less maintenance and fewer lift stations. Mr. Dougherty objected to current users paying now even though this will not be in use until a later date. Mayor Campbell stated it would be to the City's advantage to install an adequate system now, making it unnecessary to dig up and alter the system time and again. The City does not have a monitoring system on those fees at present and does not want to lose the money for storage capacity, impact fees and hookup charges. Mr. Weatherspoon moved not to accept staff recommendation except where the City needs to upgrade the system to save the City money, the City pays that cost and the developer gets reimbursed; if an upgrade is required due to new development, the developer should pay, 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. 29. Selection of Beautification Consultant: Council is to consider selection of one of the following beautification consultants: Sasaki Associates, Inc. H. Kurt Kettlehut & Associates -13- 12/16/86 Urban Design Studios Chris O'Hare Mrs. Horenburger moved to split the contract into two, one for the Hardscape and one for the Landscape, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - No; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Dougherty questioned the basis for splitting the contract. Mayor Campbell stated one group may be better qualified to perform hardscape while another can perform landscape. Nancy Davila, City Horticulturist, stated that hardscape would include redesigning traffic, the parking layout, possibly some drainage, pedestrian lighting and some intersections. Originally the plan was for the CRA to help fund the hardscape portion and the City would fund the landscape, such as trees and shrubs. In order to expedite the project the agencies are pooling their resources and the consensus is to sepa- rate these items into two contracts. Mr. Dougherty did not recall seeing this sort of money avail- able in the budget for the CRA. Mrs. Davila stated at a meeting with the CRA the feeling was that most of the money would be spent on the design aspect and at time of letting bids for construction they would be in a better position to participate. Mayor Campbell stated that some aspects of the beautification project may require hardscape changes. The additional hardscape changes proposed by other agencies would be added to that, but an element of that will be hardscape from our prospective, in dealing with what we designated as a road to be improved. That road to be beautified that this Council voted for was Atlantic Avenue from Military Trail to the Ocean. Staff has recommended that the beautification aspect, particu- larly east of Swinton Boulevard, is to be primarily a hardscape as opposed to a tree or landscape beautification. At this point the roll was called to the motion. Mayor Campbell requested that each Council member rank the firms in order of preference; one to be titled Hardscape, the second to be Landscape, listing their preferences in order. At this time Council ranked the firms and, while the tabulating was being done by the City Manager, Council continued with the meeting to return to this item later. 30. Site Plan Approval - Delray Mall. Council is to consider a request for site plan approval for the Delray Mall to allow an expansion of the existing mall, along with a renovation of portions of the site, including parking lots, on-site circulation and some building facades. The property is located at the northwest corner of Linton Boulevard and U.S. Highway No. 1. The Planning Department recommended approval subject to the following conditions: Technical and Code Requirements 1. Dimension, on the site plan, the rights-of-way for all abutting streets. (Plan.) 2. Specify the height, use and floor area of the proposed free- standing building on the site plan. (Plan.) 3. Dumpster detail should be shown on site plan. Screening should include, but not be limited to a six (6) foot CBS wall, with vision-obscuring gates on a concrete pad. If dumpsters are provided for restaurants a hose bib and drain connection to sanitary sewer is required. All trash storage areas shall be screened. (Plan.) 4. Site plan, landscape plan and improvement plans shall be consistent prior to staff sign-off. (Plan.) 5. Provide thirty-five (35) foot turning radii at all entrances. (Eng.) -14- 12/16/86 6. The County Thoroughfare plan requires 60' half right-of-way for Linton Boulevard. The developer shall dedicate a minimum of 7' along the south property line at the time of platting. (Eng.) 7. Dixie Highway: The County's Thoroughfare Plan shows an 80 foot right-of-way for Dixie Highway. Since the west side of Dixie Highway is contiguous to the FEC Railway and all of the right-of-way must be obtained from properties to the east, a total of 73 feet of right-of-way will be required. This is based upon deleting the sidewalk along the west side of the right-of-way which would be next to the railroad track. If absolutely critical, 72.5 feet would be acceptable. This right-of-way is to be dedicated by plat. 8. Federal Highway: Provide for the right turn lane on the north approach. The additional right-of-way required would be 12 feet wide for a distance of 200 feet north of the intersection with a standard taper. This right-of-way is to be dedicated by plat. 9. The developer shall secure a letter from the County Engineer verifying if additional right-of-way is required for expanded intersections adjacent to the mall at Swinton/Linton and Federal/Linton intersections, and if so specifying what is required of the developer. (Eng.) 10. A paving, grading and drainage plan which provides for one inch (1") retention for the entire site shall be submitted and must be approved by the Engineering Division prior to any building permits. (Eng.) 11. An "on site" traffic plan for the entire shopping center shall be submitted to and approved by the engineering Division prior to any building permits. The traffic plan, both on site and off site, shall include STOP, YIELD, NO LEFT TURN, RIGHT ONLY, HANDICAP PARKING BY DISABLED PERMIT ONLY, etc., as well as painted (on site) and thermoplastic reflectorized (off site) pavement markings, all in compliance with MUTCD standards. (Eng.) 12. The code requires 12' easements for all public water and sanitary sewer mains. (Eng.) 13. Per 30-22(G) contents of the site and development plan, provide the following. (Hort.) (5) Site plan showing the following: (d) legal description on the site plan (e) location of existing easements (o) location of outdoor lighting showing direction, height and type (q) spot elevations (r) building heights in feet and stories 14. Per City agreement the developers shall reimburse the Old Harbour, LTD., their pro rata share for off-site improvements already made. (Eng.) 15. The median opening on U.S. 1 (Federal Highway) shall be closed. Refer to drawing No. Ex-12 and Job 2832 (Sumner Schein/- Sheremeta). This makes the second driveway from the north a right-in/right-out only driveway. (Eng.) Procedural Requirements 16. All proposed signs must be approved by the Building Department and Community Appearance Board. (Plan.) 17. Platting is required due to the dedications and fact that the additional land (Phase 3) has never been platted. (Eng.) 18. That all improvements be completed in accordance with the approved site plan. 19. This approval will expire within eighteen (18) months unless at least twenty-five (25%) percent of the total cost of improve- ments are made by that time. If the approval expires, request for extension must be made in accordance with Section 30-21(E) of the Zoning Code. City Council Policy 20. At the time of widening of Linton Boulevard a contribution shall be made to the City for beautification of the Boulevard. Such contribution shall defray the cost of irrigating and landscaping the median 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 -15- 12/16/86 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. (Plan.) Community Appearance Board 21. A three foot parapet should be added to the western elevation to screen mechanical equipment from view. 22. The outbuilding should be architecturally similar to the main mall, and it's entry arched so that it ties into the mall's entrances. 23. Some color, flowering plants or trees should be added to the landscaping adjacent to Dixie Highway. 24. Relocate/integrate the 7,500 square feet of the outbuilding into the mall at a location to be approved by the Planning and Zoning Board and City Council prior to final staff sign-off of the plans. 25. That the required additional right-of-way either be dedicated or reserved based upon approval by the City Attorney and City Engineer. 26. If the right-of-way are conveyed by dedication, the applicant shall apply for and receive approval for the variances and waivers noted in the City Horticulturist's memorandum of December 15, 1986. 27. The applicant apply for and receive the waivers noted in the City Horticulturist's memorandum of December 15, 1986. Mr. Bird moved for site plan approval, subject to the condi- tions of staff and additions as enumerated by Mayor Campbell, 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. Alan Ciklin, representing the Delray Mall, stated the site plan is in an approvable state. The Mall is subject, with Council's concur- rence, to a major renovation. There are two issues for Council to approve; the first being a six-acre parcel purchased by the developer as part of the 19 million dollar original purchase. The Planning and Zoning Board is concerned about the aesthetics of how the building will look and also the use. The discussion last night centered around leaving the parcel vacant. When a purchase of this size and value is made, it is unaffordable to leave it vacant. In order to resolve this issue it was agreed to give Planning and Zoning and the City Council architectural control, architectural approval and aesthetic approval. It was also agreed this particular use would not be a service station, fast food restaurant or something the City does not want. The Delray Mall will not be destroyed by putting something that will deprive them of a good marketing scheme or will be unattractive. The second item is: as part of the engineering concerns and traffic studies there was a request for the dedication of an additional right-of-way. Linton Boulevard is built out to its full width, with curbs, gutters and sidewalks existing. There are seven feet that would be required to complete the right-of-way, but would probably never be used for road improvements. The 12 feet for 200 feet along Federal Highway would perhaps some day add for an expansion of the intersection. Mr. Walker and Mr. Church concur that it is unlikely that this will happen. The 7.5 feet on Dixie Highway is a more realistic possibility. The client doesn't mind dedicating the right-of-way but doesn't want to be penalized. There are two alternatives; the first is to dedicate the right-of-way although it may not be needed for 20 years. The second is a reservation that would be handled very similarly stating that the rights-of-way described are hereby reserved for roadway purposes. They would be dedicated upon request by a governmental agency, free of charge. This means the City gets it whenever it needs it. In the meantime the Mall has the liability, pays taxes on 4.4 acres of right- of-way to be dedicated and the responsibility of the maintenance. Mrs. Horenburger requested a definition of the reservation. Mr. Ciklin stated the right-of-way is being reserved for the government, -16- 12/16/86 subject to reservation. At the time the government wants to use it, the City gets it. It differs from an easement in that the Mall is reserving it for the City, free of charge, until such time as the City expresses a desire to use it. Upon question by Mrs. Horenburger, the City Attorney stated it was a policy issue, and can be handled either way. Staff has always taken the position they would prefer to have the dedications, which are cleaner and easier to administer. The reservation would be designated on the site plan and would have to be done as a covenant running with the land as well. If the present owner sold to a subsequent owner, that party would be bound to provide the dedication. Mayor Campbell stated the motion to approve was made subject to the conditions of the staff. The City Attorney advised it should read reservation instead of dedication, which would be a covenant running with the land. Mrs. Horenburger objected to not incorporating the out parcel into the remainder of the Mall. Mr. Ciklin stated that when dealing with a renovation the architects and engineers do not feel it practical to try and fit the extra square footage in. There are a lot of users who prefer to be in a separate building in place of a mall complex. When the developer purchased this property it was anticipated that the parcel could be used for something other than open space. Mrs. Horenburger asked if there was anything in the conditions that Stan Weedon might be able to clarify that would address those uses in the out parcel. Stan Weedon, Planning and Zoning Department, stated there was none because it was agreed to add a note to the site plan designating the building as office, commercial, and not to include fast food restau- rants, etc. Gerald Church, City Engineer, stated that the roads also come under the jurisdiction of the county, and after speaking with DOT it was agreed the traffic plan provides for the required rights-of-way. By dedicating these roads, we now have them available for future use. The purpose of platting is to acquire right-of-way. The actual seven feet would provide a turning lane on Linton Boulevard. The engineering department would prefer this to be dedicated. Mayor Campbell expressed concern about the rear of the Mall. According to the site plan there seems to be no substantial changes, other than painting. Mr. Ciklin stated trees that cannot be saved will be replaced along with additional new trees. The rear of the Mall will be used for employee parking and a delivery area. Mayor Campbell stated there should be an impervious green line similar to the one existing behind Publix, but one that will mature to create a green barrier. He suggested, if Council concurs, the motion be approved, subject to staff recommendations and the following additions: deleting the requirement regarding the dedication of the right-of-way to address it in the plat as a reservation, withdrawing Item No. 24 and reiterating the fact they are placing a limitation on the out parcel to office and/or commercial, but not to include fast focd restaurants and other uses so designated, no pole signs, architectural compatibility between the out parcel and the building and the western perimeter will have an impervious greenscape as is the requirement along the north side. Mr. Bird stated this was the intent of his motion and also the second by Mr. Weatherspoon. At this point the roll was called to the motion. 29. Mayor Campbell stated the vote has been tallied for the Hard- scape and Landscape. Sasaki Associates was chosen for the Hardscape and Mayor Campbell requested staff to negotiate the contract with them. Kettlehut & Associates was selected in regard to the Landscape. -17- 12/16/86 Mr. Bird moved that Hardscape be negotiated first with Sasaki Associates, Inc., second with H. Kurt Kettlehut & Associates, third with Urban Design Studios and fourth with Chris O'Hare, 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. Mr. Bird moved that Landscape be negotiated first with H. Kurt Kettlehut & Associates, second with Urban Design Studios, third with Chris O'Hare and fourth with Sasaki Associates, Inc. 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. Mrs. Horenburger left the Council chambers. 32. Lease Agreement with Florida East Coast Railway Company. Council is to consider authorizing execution of lease agreement between the City and FEC Railway Company. Mr. Weatherspoon moved for approval, 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. 33. Diagnostic Engine Analyzer. Council is to consider award of contract to Sun Electric, the only bidder who met specifications, for a diagnostic engine analyzer to be used in the City Garage, in the amount of $20,485, with funds to come from the 1986/1987 budget. Approval is recommended. Mr. Bird moved for approval, 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. 34. Delray Beach Human Relations Committee Request. Council is to consider a request for funds in the amount of $1,000 and secretarial assistance from the staff to put together "Where to Turn" pamphlet. Mr. Bird moved for approval, 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. (Funds are to come from the Council Contingency Fund.) Mrs. Horenburger returned to the Council chambers. 35. Utility Tax Revenue Bond Issue. Council is to consider issuing a Utility Tax Revenue Bond for capital improvement projects. Approval is recommended. Mayor Campbell stated there were several items that Council has been asked to consider: (1) to appoint a Bond Counsel, (2) to appoint a financial advisor, (3) to consider the fact that the financial advisor may bid on the issues if Council goes to a bid type issue, (4) to offer negotiation with our auditors, Ernst & Whinney to review and offer an opinion on the issue, (5) to consider whether or not the issue is to be validated, (6) to come to an agreement on a dollar amount of the listing of the capital projects, and (7) consider if they want to go to a negotiated or a bid type bond. Mayor Campbell asked Mr. Huddleston, Finance Director, to recap his recommendation for the dollar amount in the capital projects. Mr. Huddleston stated on the last page of the memorandum package there was a listing of the items staff felt could be completed within a three-year time frame which would qualify them under a bond issue project. The first being Beautification for Streets and Roadways at a total cost of $3,000,000, Community Redevelopment Agency with a project cost of $1,200,000, Drainage Improvements at $1,220,000, Fire Facility and Equipment at $1,141,000, City Hall Expansion at $1,500,000, -18- 12/16/86 Atlantic Avenue Beautification at $1,000,000 and at the bottom an additional item of consideration, N.W. Drainage for $2,410,000. Upon question concerning payback, Mayor Campbell stated it would come from the General Fund Utility Tax, the Beautification Fund and reimbursement from the respective agencies listed. Mr. Dougherty stated in the budget for 1986/1987 there were projects amounting to $8,513,000 which consisted of General Operating Projects, Drainage Projects, Public Safety, Cemetery, Seawall, Marina, Water and Sewer, City Hall, Recreation Impact, Beach Renourishment, Beautification, City Hall Expansion and the Elementary School. In August a different total surfaced amounting to either $12,721,000 or $15,221,000. Now council has a package of $9,000,000. He questioned why the CRA and DDA were created, if they were not going to be self-suffi- cient. The City Manager concurred with Mayor Campbell in that Council had previously approved all the projects in question. The Atlantic Avenue project, one that is currently being reviewed by DDA, CRA and the City to determine if the City is going to move ahead with the project. Ken Simback, Director of Community Redevelopment Agency, stated that in the process of discussing the beautification project with the Beautification Trust Fund Committee, the opportunity arose to proceed with the improvements that were intended for the downtown area, east of Swinton to the intracoastal. It was the original intent not to get involved into widening sidewalks, adding additional street furni- ture, etc. for the coming two to three years. The opportunity arose to retain a competent design firm to design those improvements. Council voted to approve that earlier tonight. The next question is to finance the improvements recommended by the consultants. They are attempting to arrange for financing in order to proceed. During this process they are providing the City with revenue projections for the coming eleven-year period and indicated there would be adequate cash flow over that period to underwrite the additional cost. If the project can be expedited by two to three years, it may save the City money due to inflation and additional costs incurred by postponement. The financing that is available now would present a substantial savings to the CRA and the DDA. The risk to the City by supporting the CRA and the DDA would be no more or less if those two agencies were to finance the project indepen- dently. Mayor Campbell asked for a breakdown of the contributions. Mr. Simback stated conceptually, the beautification trust had intended to provide for the landscaping treatment. The CRA plans were for not only additional landscaping, but also for sidewalks, new curbing and re- striping of parking. The one million dollars would provide for all the Hardscape and a portion of the 3.5 million would provide trees, shrubs, etc., by beautification. Mr. Dougherty questioned where the CRA was getting their share to pay. According to the budget, the account showed a balance of $50,000 that will be used to repay the loan from the City. Their proportionate share to be paid up front to float the bond is 20%. Mr. Simback stated there would be a period of time while the project would be undergoing architectural and engineering work, creating limited expenditures for the CRA. In the budget for 1987/1988 the CRA will have adequate revenue available to satisfy the projected debt service. Mr. Dougherty stated that just over one million dollars had to be paid to float the issue and the CRA should pay their proportionate share up front. Mr. Huddleston stated that on the statement of sources and uses of funds, the uses which include the underwriting discount and cost of insurance are part of the borrowing and are part of the total bond revenue source of $10,415,000 which is on the schedule and that is part of the debt service payment; the CRA would be paying their proportionate share of each year's payment, but the issuance costs are part of the borrowing. Mr. Dougherty stated that was expected to be recovered up front. -19- 12/16/86 Mr. Huddleston stated that would be a policy decision if Council wanted the CRA to pay their costs up front rather than extended over a twenty-year period. Mr. Dougherty asked if the initial cost for the issuance of the bond and having it certified become part of the twenty-year amortization period or is it up front costs. Mr. Ross, Financial Advisor, stated it would be included in the annual debt service payment. Mr. Ross stated that by the time the bonds are issued, nearly half of the year will be gone and the debt service for the first year will be interest only and the total amount for all will be less than $250,000. Mayor Campbell asked if the cash on hand had been taken into consideration for the Utility Tax. Mr. Huddleston stated the Beautifi- cation Fund's first year requirement would be approximately $88,000. Mayor Campbell stated there should be nearly $190,000 on hand at this time. Mr. Huddleston stated that would be an excess that stays in the beautification fund. After paying the $88,000, the balance will draw interest and be used for future debt service. Mr. Dougherty requested a reply as to why the Sunshine Fund was replaced with a bond issue. Mr. Huddleston stated that tax laws and changes have made the attractiveness from the banking standpoint dimin- ish. The Sunshine Pool originally offered nine modes, consisting of eight variables and one fixed and the banks working with the Pool are now only looking at the variable rate. Council had expressed some concern about going with the variable rate when it can be locked in at this time with a favorable fixed rate. Mr. Dougherty stated that the original recommendation that was made in favor of the Sunshine Fund was not as good as originally felt. The City Manager responded at the time it appeared to be a viable program. As it was explained and the operation became better under- stood, the City Council made a decision to work with the City and attempt to do a full analysis. It has begun to assume a cloudy atmo- sphere, the new tax bill has gone into effect, the banks have changed their mode of operations and the operation has diminished. The recom- mendation made by Mr. Ross to go to a conventional utility bond is the best option at this point. Mr. James Bowen stated that two years ago a Mayor's Task Force on Atlantic Avenue had a plan to beautify Atlantic east from Swinton and he had questioned the chairman, Tom Lynch, if they had been given any verbal or written permission from DOT to accept First Street North and First Street South as substitutes for Atlantic Avenue. Mr. Lynch stated they had neither and to his knowledge there have been no negotiations with DOT. He did not want to see Council vote money for beautifying Atlantic Avenue east of Swinton without first obtaining permission from DOT. It could take three years to get that; the money must be spent within three years and then it would be too late. Mayor Campbell suggested that prior to any formal bonding resolution, Council should receive some response on the items Mr. Bowen has referred to. Mrs. Horenburger moved to approve the dollar amounts and the project list as proposed by staff in the memorandum of December 8, with the N.W. drainage consideration to be at a later date, 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. 35.a. Appoint Bond Counsel. Council is to consider appointing a bond counsel. The City has used Mudge, Rose, Guthrie, Alexander and Ferdon for previous Utility Tax issues. The purpose of this appointment is to provide legal expertise for resolutions, tax status and to provide a legal opinion. Mr. Weatherspoon moved for approval, seconded by Mrs. Horen- burger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. -20- 12/16/86 Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35.b. Appoint a Financial Advisor. Council is to consider appointing a Financial Advisor. The City has used Dean Witter Reynolds, Inc. for previous issues. This appointment would serve to provide financial expertise in packaging the issue to include preparation of the Official Statement, deciding upon insurance and working with rating agencies. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. 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.c. Consider allowing the financial advisor to bid on the issue. Council is to consider allowing the financial advisor to bid on the issue. This practice has been allowed in previous years. Mr. Bird moved for approval, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 35.d. Negotiate with our auditors, Ernst and Whinney. Council is to consider negotiation with our auditors, Ernst and ~Fninney, to review and offer an opinion on the issue. Mrs. Horenburger moved for approval, seconded by Mr. Weather- spoon. 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.e. Consider whether or not the issue is to be validated. Council is to consider whether or not the issue is to be validated. Mrs. Horenburger moved for approval of the validation, 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. 35.f. Consider Negotiation or Bid to be decided on December 30 meeting. Council is to consider deferring this item until December 30 Meeting. Mrs. Horenburger moved to defer until the December 30 meeting, 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. Conditional Use Approval - Palm Beach County School Board Public Middle School. Council is to consider a request from the Palm Beach County School Board for a future Public Middle School site, located on the south side of the L-32 Canal, between Davis Road and High Point Boulevard North. The Planning and Zoning Board and the Planning Department recommend approval subject to the following conditions: 1. That the conditional use requirement for site plan approval be deferred until such time as the facility is actually planned for construction. 2. Primary access shall be provided either from the north via Udell Lane with secondary access from Davis Road, or as recom- mended by the City Engineer. Mr. Bird moved for approval subject to conditions, 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. 37. Changing name of City Council Member to City Commissioner. Resolution No. 67-86 changing the name of City Council Member to City Commissioner, is before Council for consideration. -21- 12/16/86 The caption of Resolution No. 67-86 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, FINDING AND DECLARING THAT HENCEFORTH THE NAME OF THE LEGISLATIVE BODY OF THE CITY OF DELRAY BEACH, FLORIDA, SHALL BE THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, WITH THE OFFICE OF THE LEGISLATIVE MEMBERS BEING ENTITLED COMMISSIONER, ONE OF WHOM SHALL ALSO CONTINUE TO HOLD THE OFFICE, AND ADDITIONAL TITLE, OF MAYOR, ONE AS VICE-MAYOR, AND ONE AS DEPUTY VICE- MAYOR, PROVIDING FOR DIRECTION TO THE CITY ADMINISTRATION AND CITY ATTORNEY'S OFFICE; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 67-86 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 67-86, seconded by Mrs. Horenburger. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 39. Ordinance No. 86-86 - Amending Zoning Code - Off Street Parking - Community Facilities. Ordinance No. 86-86, amending Chapter 30 "Zoning" of the Code of Ordinances relative to off-street parking regulations for Community Facilities, is before Council for considera- tion on First Reading. If passed, Public hearing will be held December 30, 1986. The Planning and Zoning Board and the Planning Department recommend approval. The City Manager presented Ordinance No. 86-86: 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 30-18 "OFF-STREET PARKING REGULA- TIONS'', BY REPEALING SUBSECTION (D) "PARKING REQUIRE- MENTS'' (4) "MISCELLANEOUS USES" AND ENACTING A NEW SUBSECTION (D) "PARKING REQUIREMENTS" (4) "MISCELLANEOUS USES"; BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGULA- TIONS'' SUBSECTION (N) "HOSPITALS" BY REPEALING SUBSECTION (7) "PARKING" AND ENACTING A NEW SUBSECTION (7) "PARK- ING''; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 86-86 on First Reading, seconded by Mr. Dougherty. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 40. 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 30, 1986. 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 REPEALING SUBSECTION (33) "FAMILY"; BY ENACTING A NEW SUB-SECTION (33) "FAMILY"; TO PROVIDE THAT FAMILY SHALL MEAN ONE OR MORE PERSONS RELATED BY BLOOD, MARRIAGE, OR ADOPTION LIVING IN A SINGLE HOUSEKEEPING UNIT IN A DWELLING, WHICH MAY ADDI- TIONALLY INCLUDE THREE UNRELATED PERSONS, AND PROVIDING THAT PERSONS RESIDING WITH A FAMILY FOR THE PURPOSE OF ADOPTION, OR NOT MORE THAN FIVE PERSONS IN FOSTER CARE AS -22- 12/16/86 LICENSED OR APPROVED BY THE STATE OF FLORIDA OR ANY PERSON WHO IS LIVING WITH A FAMILY AT THE DIRECTION OF A COURT FALL WITHIN THE DEFINITION OF FAMILY; PROVIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 97-86 on First 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. 41. Ordinance No. 161-86 - Amending Code - Taxable Telecommunica- tion Services. Ordinance No. 161-86, amending Chapter 25 "Taxation" of the Code of Ordinances relative to type of service that is subject to taxation, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 30, 1986. The City Manager presented Ordinance No. 161-86: 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(D) (1), "DEFINITIONS", BY REPEALING SUBSECTION IV IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION IV, "TAXABLE TELE-COMMUNICATIONS SERVICES" WHICH DEFINES THE TYPE OF SERVICE THAT IS SUBJECT TO TAXATION PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 161-86 on First 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. 42. Ordinance No. 162-86 - Amending Code - Coastal Construction Code. Ordinance No. 162-86 amending Chapter 9, "Buildings and Construc- tion'' of the Code of Ordinances relative to implementing those provi- sions of the "Coastal Zone Protection Act of 1985" as revised in 1986, is before Council for consideration on First Reading. If passed, Public Hearing will be held December 30, 1986. The City Manager presented Ordinance No. 162-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ARTICLE XIX, "COASTAL CONSTRUCTION CODE'; BY ENACTING A NEW ARTICLE XIX, "COASTAL CONSTRUCTION CODE:, TO PROVIDE A TITLE, TO PROVIDE A GENERAL PURPOSE, TO PROVIDE FOR THE APPLICABIL- ITY AND SCOPE OF THE COASTAL CONSTRUCTION CODE, TO PROVIDE FOR EXCEPTIONS TO APPLICABILITY, TO PROVIDE FOR APPLICATIONS FOR PERMITS, TO PROVIDE FOR DEFINITIONS, TO PROVIDE GENERALLY FOR COASTAL CONSTRUCTION REQUIREMENTS, TO PROVIDE FOR STRUCTURAL REQUIREMENTS OF MAJOR STRUC- TURES, TO PROVIDE FOR DESIGN CONDITIONS, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR NONHABITABLE MAJOR STRUC- TURES, TO PROVIDE FOR STRUCTURAL REQUIREMENTS FOR MINOR STRUCTURES, TO PROVIDE FOR LOCATION OF CONSTRUCTION, TO PROVIDE FOR PUBLIC ACCESS, AND TO PROVIDE REFERENCES FOR ASSISTANCE IN DETERMINING DESIGN PARAMETERS AND METHODOL- OGIES FOR COMPLIANCE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. -23- 12/16/86 Mrs. Horenburger moved for adoption of Ordinance No. 162-86 on First 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. 43. Ordinance No. 163-86 - Strong Annexation. Ordinance No. 163-86 relative to annexation of a 0.36-acre parcel subject to R-1AA (Single Family) zoning district, is before Council for consideration on First Reading. The property is located on the west side of N.W. 1st Avenue, between Swinton Avenue and N.W. 2nd Avenue. If passed, Public Hearing will be on January 13, 1987. The City Manager presented Ordinance No. 163-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 49, LAKE SHORE ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 25, PAGE 26, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE WEST SIDE OF N.W. 1ST AVENUE, BETWEEN SWINTON AVENUE AND N.W. 2ND AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO R-1AA (SINGLE FAMILY DWELLING) DISTRICT; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 163-86 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. 44. Ordinance No. 165-86 - Miller Dodge of Delray Annexation. Ordinance No. 165-86 relative to annexation of a 3.48-acre parcel subject to the SC (Specialized Commercial) zoning district, located south of Gulfstream Boulevard, between North Federal Highway and Dixie Highway, is before Council for consideration on First Reading. If passed, Public Hearing will be held January 13, 1987. The City Manager presented Ordinance No. 165-86: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 11, 12, 13, AND A PORTION OF LOT 14, DELRAY BEACH ES- TATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 13, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED SOUTH OF GULFSTREAM BOULEVARD, BETWEEN NORTH FEDERAL HIGHWAY AND DIXIE HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO SC (SPECIALIZED COMMERCIAL); PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 165-86 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Abstained; Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mr Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote, with Mr. Bird abstaining. Mayor Campbell declared the meeting adjourned at 11:45 P.M. -24- 12/16/86 ATTE S T: 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 December 16, 1986 which minutes were formally approved and adopted by the City Council on~. /~./F~ · NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. -25- 12/16/86