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05-28-85 MAY 28~ 1985 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 7:11 P.M., Tuesday, May 28, 1985. 1. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel 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 J. 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 for approval of the minutes of the Regular Meeting of May 14, 1985, and the Special Meetings of May 7, 1985 and May 14, 1985, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.a.1. Mr. Mark David, 1700 Dover Road, requested a change in order on the agenda with regard to items 10 and 12. The 1975 Local Comprehen- sive Planning Act requires that zoning be consistent with Land Use; therefore, to take a zoning matter before the confirmation of the land use is irregular. He is requesting that item 10 be placed before item 9 and item 12 be placed before item 11. Upon question by Mayor Campbell, the City Attorney stated, technically, Mr. David is correct; however, if you consider the items on the same agenda, the same evening, it does not make them invalid. 5.a.2. Mr. Theodis Brown, 616 Lake Ida Road, stated it is his understanding the City has some funding for drainage projects. They have had a very bad problem with drainage in the area of Spady Elemen- tary School and also N.W. 6th Avenue and N.W. 4th Street. He feels they also need to pave those areas. With regard to code enforcement, he feels it may help if the City would put up "No Littering" signs in the areas which have a problem. 5.a.3. Mr. Mike Gross, 2108 S.W. 13th Street, stated he has a problem with trash removal as they are discriminating about what they pick up. He feels if the City were to pick up the trash, and not con- tract out this service, it will help them become more cognizant of the problems. 5.a.4. Mr. Thomas Johnson stated he is concerned about trucks which have no sides and their trash is spilling out all over the street. Mayor Campbell suggested that the City Manager write a letter to Mr. Johnson advising him of the appropriate ordinance which addresses this issue. 5.b.1. Mr. Weatherspoon advised the City Manager that one of the trees which the City planted on 5th Avenue has been blown over by the wind. 5.b.2. Mr. Weatherspoon stated that he and Mayor Campbell attended a Girl Scout program at Pompey Park and it was brought to their atten- tion that the flag stand is too small. He would like to see a new stand placed there. 5.b.3. Mrs. Horenburger stated she noted, while reading the minutes of the Human Relations Committee meeting, that there is no on-going in-service sensitivity program in the Police Department. She would like to ask the City Manager to look into this to see if it is feasible to have an occasional program to keep up with new employees. 5.b.4. Mr. Bird stated it has been a concern of his for some time that the Federal Highway area is becoming an eyesore because of the proliferation of automotive uses. These uses are not regulated as they are permitted and most of the objectionable uses are under 5,000 square feet of covered space and, therefore, do not require site plan approval. In an effort to control these abuses he would like to suggest to Council that they take the following action: (1) Change all the automotive uses he has indicated by an arrow on a copy of Section 30-12 of the zoning code furnished Council, from permitted uses to conditional uses; (2) make paint and body shops and repair facilities conditional uses only in conjunction with a full service automotive dealership; (3) that they change the status of all existing licenses active uses which would be effected automatically to conditional use at the time they change the ordinance and (4) that they immediately cease the issuance of permits or occupational licenses pending a change to this ordinance. Mr. Bird moved that the above items, 1 through 4, be enacted, and the appropriate changes be made to Section 30-12 of the Zoning Code, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. ~4eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.5. Mr. Jackel stated that about a year ago Council directed the Planning and Zoning Board to formulate an ordinance governing satellite dishes. To this date there has been no response. He suggested that Council direct the Building Department to create an ordinance, have it cleared through the Community Appearance Board, the Planning and Zoning Board and then Council. The City Attorney advised there is a draft from his office being circulated now which the Planning and Zoning Board could look at. 5.b.6. Mayor Campbell read a proclamation proclaiming the week of June 2 - 9, 1985, as "National Safe Boating Week". 5.b.7. Mayor Campbell presented a proclamation proclaiming the month of September, 1985, as "Peace Month in Delray Beach". 5.b.8. Mayor Campbell urged Council to read the proposed Beautifi- cation Ordinance they were furnished at last week's workshop meeting and requested that it be placed on the next workshop agenda. 5.b.9. Mayor Campbell stated recently there has been some concern over the manner in which the City conducts their elections. They have promised to look at this and he feels it might be appropriate to make some changes to the Charter. He would like to appoint a special task force to look into proposed Charter revisions and named the following people: Elizabeth Matthews, Spencer Pompey, Leo Blair, David Nathanson and Tom Lynch. He would like Council to concur with this process so that the committee can get on with their work and if a change is ap- propriate it can be brought before Council in plenty of time before the next election. Upon question by Mr. Jackel, Mayor Campbell stated this referendum could be placed on the 1986 ballot or it could be placed on a special referendum in advance of that depending on the degree of pro- posals which might be made. With regard to the proposals, he would like to see the designation of seats within the City. - 2 - 5/28/85 Mr. Jackel stated he disagrees with this proposal and feels the system has worked well so far. Mr. Bird stated if they are to have such a committee he would also wish that they study the possibility of a referendum election to eliminate some of the County pockets. They have received requests from various citizens, living in County pockets within the City, to align themselves with the City and one of the methods by which they can do this is by a referendum election. It might be appropriate for Coun- cil and staff to look at this simultaneously with the committee. 5.c. There were no Non-Agenda items by the City Attorney. 5.d.1. The City Manager stated he has two items to discuss. One of these will require some in-depth discussion and suggested that it be placed at the end of the Regular Agenda. He also requested that Item 25 be removed frora the Consent Agenda. 6. Mrs. Horenburger clarified that the text in Item 22 should read the Crossroads Club, not Crosswinds Club. Mr. Jackel requested that Item 23 be removed from the Con- sent Agenda and placed as the first item on the Regular Agenda. Mayor Campbell requested that Item 20 be removed from the Consent Agenda and placed as the second item on the Regular Agenda. Mr. Bird moved for approval of the agenda with Item 10 to precede Item 9, Item 12 to precede Item 11, Item 25 to be removed and Items 22 and 23 to be the first two items on the Regular Agenda, sec- onded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 7. 1985 Comprehensive Plan Update Attitude Survey (Dr. Lance deHaven-Smith) . Mrs. Phyllis Plume, Chairman of the Citizens Land Use Ad- visory Committee, stated one of the most important aspects of the Com- prehensive Planning process is citizen input. She feels it is essential in the preliminary stages of the planning process to get as much input as possible. One of the most essential tools to the Committee would be a Citizens Attitude Survey and if this survey is to have any real valid- ity it should be done by professionals. The Committee listened to a proposal by Dr. Lance deHaven-Smith, from Florida Atlantic University, who explained the methodology and types of questions which would be asked and they are in unanimous agreement that Council negotiate a contract with him. Dr. deHaven-Smith is an Associate Director of the FAU/FIU Joint Center for Environmental and Urban Problems and has con- ducted many growth management surveys. Dr. Lance deHaven-Smith stated he is suggesting a telephone survey of 400 residents in the City which would be 30 questions long and take 7 to 12 minutes. He has a staff who have been conducting these surveys for a few years and there are a set of basic questions they use which are adapted to the issues of interest in the city. Upon question by Mr. Jackel, Dr. deHaven-Smith stated he has developed a set of questions which he feels are reliable. However, he has also taken some of the questions provided by the Planning and Zoning Board and put them into a format which he feels is acceptable for tel- ephone interviewing. Mr. Bird moved to ask staff to negotiate an appropriate contract with Dr. Lance deHaven-Smith, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 3- 5~28/85 PUBLIC HEARING 8. Delint Center DRI. Resolution No. 49-85, approving the Development Order with conditions for the Delint Center of Regional Impact, is before Council for consideration. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 49-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINDINGS OF FACT AND DETERMINING CONCLUSIONS OF LAW PERTAINING TO THE DELINT CENTER, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS A DEVELOPMENT ORDER BY THE CITY OF DELRAY BEACH IN COMPLIANCE WITH LAW; PROVIDING FOR FURNISHING CERTIFIED COPIES; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the caption of the resolution. (Copy of Resolution No. 49-85 is on file in the official Resolution Book) The City Attorney stated that in Council's consideration of this Development Order, through the passage of the proposed resolution, they need to be aware of the criteria for approval of a development which is not in an area of critical State concern; this development is not, under Section 380.06 of the Florida Statutes. He advised that Council's review and the public hearing should focus on the aspects of the Development Order and outlined what those aspects are. Mr. Robert Cohn, Planning Director, stated that in October of 1984, Delint Ltd., presented Council with a rezoning petition and site plan for an 85-acre parcel of land. At that time, the property was rezoned to SAD and a site plan was approved which would permit 811,000 square feet of office space, a 250 room hotel and 236 multi-family housing units. One of the conditions of approval of the SAD was a recognition of the fact that, given the size of the project, the thresh- old for a DRI had been exceeded and the developer would have to go through a DRI process. The developer prepared an application for develop- ment approval which was submitted to the City and the Treasure Coast Regional Planning Council. The Treasure Coast Regional Planning Council determined that there was adequate information upon which to make an assessment of the impacts and to make recommendations. Council set tonight as a public hearing date for consideration of the Development Order which incorporates the recommendations of the Treasure Coast Regional Planning Council. Mr. Cohn advised that, after holding the public hearing, Council can consider approving the Development Order, denying it or approving it with conditions. Mr. Cohn advised that on April 19, 1985, the Treasure Coast Regional Planning Council did recommend approval of the Delint Center DRI, with certain conditions; however, on May 17, 1985, based on some concerns with the language, they made some modifications to the lan- guage. Mr. Cohn then outlined the conditions of the Development Order which are incorporated within Resolution No. 49-85. Mayor Campbell stated that the Treasure Coast Regional Planning Council and the Planning Department have mandated rather exten- sive requirements covering everything from air quality to habitat or vegetation, drainage and most importantly traffic issues. These have all been incorporated into the proposed Resolution No. 49-85. Mr. Alan Ciklin, representing the applicant, stated Mr. Cohn was very accurate in everything he stated which emphasized the fact that this is a very highly conditioned approval and requires that the ap- plicant put improvements in place before development could occur. He advised the project is scheduled to commence this year and should be completed in 1990. The developers feel the three Statutorily mandated criteria have been met and they are asking for Council's favorable consideration of the proposed Development Order. - 4 - 5/28/85 The City Attorney asked if the developers accept the con- ditions as outlined in the revised Resolution No. 49-85; Mr. Ciklin replied that they do. The public hearing was opened. Mr. Robert Stump, representing the Coalition for Good Govern- ment, read a prepared statement on behalf of the Coalition. He stated they are not here tonight to directly oppose the Delint Center; however, they do believe this project is too intense when taken into context with the other, already approved, planned developments which will impact the Linton Boulevard/Congress Avenue intersection and the adjacent 1-95 Interchange. The Treasure Coast Regional Planning Council made a state- ment that they were bound, by law, to consider only an individual devel- oper's impact; not how that project, in context with other projects, would impact an area. If that is true, then the Coalition for Good Government feels that the review by the Treasure Coast Regional Planning Council was merely a game of charades. In conclusion, Mr. Stump stated the Coalition feels the time has arrived for those who are responsible for planning and monitoring the City's growth management to start doing so. Mrs. Helen Coopersmith, representing PROD (Progressive Residents of Delray), stated they are concerned about the constant rezoning from residential to business and the massiveness of the pro- posed projects which have come before Council. They feel the Delint Center, and other proposed developments like it, will change the char- acter and visually pollute the City. On behalf of PROD and herself, she asked that Council do not put their stamp of approval on the Delint Center. Mr. Charles Walker, Director of Traffic Division for Palm Beach County, stated that his direction from the Board of County Commis- sioners is not to oppose this project; however, they did request that he express to Council some concern regarding the traffic on Linton Boule- vard. He advised that Palm Beach County intends, within the next six months, to let a contract to four-lane Congress Avenue from Linton to Yamato. He would request that Council consider changing the verbage in Item 26 of the Development Order and, in lieu of the $35,000, require that this project fund the right-of-way required for this additional right-turn lane. Their intent is to have duel right-turn lanes north- bound on Congress turning into Linton and if you are going to have your standard through lanes and right-turn lanes this will require additional right-of-way. The County will exercise their authority to acquire the property and ask that the developers fund it. His concern, which he related to the Board of County Commissioners, is that in five years when the Delint Center is built, the six lanes will be full and the Inter- change will be congested and, if growth continues, there is not anything feasible to do to solve the congestion beyond what is proposed in the Devel6pment Order. Upon question by Mrs. Horenburger, Mr. Walker stated his office did not significantly disagree with the report from the Treasure Coast Regional Planning Council. Some of the assumptions made may have been conservative but they are not of a magnitude where they could disagree with the report. The following citizens spoke in opposition of the proposed Resolution No. 49-85: a representative of the Coalition for Wilderness Islands, Stanley Katz, Robert Feely, Maurice Klinger, Eddie Wilson and Judy Reynolds. The following citizens spoke in favor of the proposed Resolution No. 49-85: Raymond Gerner, Stan Watsky, David Cohen, Tom Lynch, representing the Chamber of Commerce, Mark David and Perry Donfrancisco. The public hearing was closed. - 5 - 5/28/85 Mr. Jackel stated, as he sees it, the main problem with this project will be the sharp increase in the amount of traffic. The orig- inal zoning of PRD-4 would create traffic of less than 2,000 car trips per day; the proposed project will create over 12,000 car trips per day. He feels they should reduce the intensity substantially and then they will have a viable project. Mr. Bird stated they have heard much said tonight about the intensity of this project. He advised that the IBM buildings on Con- gress Avenue have a land coverage of 28%; the office buildings proposed for the Delint Center have a land coverage of 21%. The hotel on the corner of Atlantic Avenue and A1A is approximately 2.2 times as intense as the hotel project proposed and there are several subdivisions within that area which are more intense than the residential area proposed. He feels the project, because of the safeguards required and additional traffic studies, will be a successful project. Mrs. Horenburger stated, with regard to traffic, that the Treasure Coast Regional Planning Council recommendation indicates that the State of Florida Department of Transportation determined that the Linton/I-95 Interchange will operate at level of Service C, which is an acceptable level during annual, average conditions and at level of Service D during peak season conditions without having to widen the ramps. She also stated that, with the City's unemployment rate at 9.7%, economic development is sorely needed. Delray Beach cannot be locked out of economic development as it will affect every citizen, the City and the City's services. Mr. Weatherspoon stated that he is a native of this City and has seen many changes; some are not always positive, but the City has to change. There are many young people moving into the City and they need work; this project will provide approximately 4,000 jobs. If the jobs are not available, the crime rate will rise. Mayor Campbell stated the proposed resolution is extremely rigid with requirements as to what can take place. He would urge the citizens to obtain a copy of it; after reading it, he believes they will feel comforted that there are adequate safeguards and Council is not going to create a traffic hazard. Mr. Bird moved for the adoption of Resolution No. 49-85, seconded by Mr. Weatherspoon. The City Attorney advised there some blanks to be filled in and modifications made to this resolution before they approve it. He explained what the changes will be. Mr. Bird amended his motion and accepted the modifications as advised by the City Attorney, Mr. Weatherspoon amended his second. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mayor Campbell declared a recess the time being 9:55 P.M. Mayor Campbell reconvened the meeting the time being 10:05 P.M. 10. Ordinance No. 37-85 - Chan~in~ the City's Land Use Plan Designation (Ralph Buick). Ordinance No. 37-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.79-acre parcel, located on the west side of Florida Boulevard, between LaMat Avenue and Tropic Boulevard, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. 6 - 5/28/85 The City Manager presented Ordinance No. 37-85: 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 23 THROUGH 33, INCLUSIVE, AND THE NORTH HALF OF ABANDONED AVE. E ABUT- TING THE SOUTH LINE OF LOT 23, BLOCK 36, DEL-RATON PARK ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED ON THE WEST SIDE OF FLORIDA BOULEVARD, BETWEEN LAMAT AVENUE AND TROPIC BOULEVARD, FROM MF-15-MULTIPLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 37-85 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. Mrs. Elaine Roberts, member of the Comprehensive Plan Ad- visory Committee, requested that Council not consider any more amend- ments to the Comprehensive Plan or the Zoning Ordinance until the Com- mittee's work is through. Mr. Michael Botos, representing the applicant, stated they have been through a thorough examination by the homeowner associations in the immediate vicinity of this property. After discussion, they came up with a private agreement called a Declaration of Covenants and Re- strictions which will provide for the construction of a boundary wall. In addition to the wall, they will plant trees with not less than 25 foot centers on the east side of the wall. The public hearing was closed. Mayor Campbell stated, with regard to Mrs. Roberts state- ment, that he feels the Committee should take this to staff and the Planning and Zoning Board for further consideration. Mr. Bird moved for the adoption of Ordinance No. 37-85 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 9. Ordinance No. 36-85 - Ralph Buick Rezonin~. Ordinance No. 36-85, relative to rezoning a 0.79-acre parcel from RM-15 (Multiple Family Dwelling) District to SC (Specialized Commercial) District, is before Council for consideration on Second and FINAL Reading. The property is located on the west side of Florida Boulevard, between LaMat Avenue and Tropic Boulevard. 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. 36-85: 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 LOTS 23 THROUGH 33, INCLUSIVE, AND THE NORTH HALF OF ABANDONED AVE. E ABUTTING THE SOUTH LINE OF LOT 23, BLOCK 36, DEL-RATON PARK, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE EAST SIDE OF FLORIDA BOULEVARD, BETWEEN LAMAT AVENUE AND TROPIC BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 36-85 is on file in the official Ordinance Book) - 7 - 5/28/85 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. 36-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 39-85 - Chan~in~ the City's Land Use Plan Designation (Walsh). Ordinance No. 39-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.92- acre parcel, located at the southwest corner of Congress Avenue and Linton Boulevard, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 39-85: 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 LYING IN THE NORTH HALF (N½) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD, FROM PRD-10-PLANNED RESIDENTIAL TO POI-PROFES- SIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-85 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. Mr. Mark David, Chairman of the Land Use Plan Committee of the Democratic Club of Delray Beach, stated this 0.92-acre parcel could be considered a spot land use change and as such it should be denied. He feels changing residential to commercial in that location is bad from the point of good land use planning and ingress and egress. Mr. Stanley Katz, 1421 S.W. 27th Avenue, stated he feels changing' the zoning in this area, which will add more traffic, is not going to help out the most heavily populated area of the City. Mr. David Salerno, 2810 S.W. 15th Street, stated since the widening of Linton Boulevard there have been many accidents; to even consider this rezoning will compound the number of accidents which will take place. Elaine Roberts stated this is an out-parcel of the Minto project. She feels Council should delay any action on this parcel until the rest of the Minto project comes before them. Kim Dellastatious, representing the applicant, stated they are proposing a three-story professional office building and a ground floor drive-through bank which are consistent with the recommendations of the Planning and Zoning Board. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 39-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. - 8 - 5/28/85 Before roll call the following discussion was had: Mr. Jackel stated this property is presently zoned PRD-10 which would allow for 9 family units with practically no traffic impact. The applicant is proposing a three-story building and drive-through bank which will create a great deal of traffic at a very busy intersection. He feels this is out of character and suggested that Council deny this petition. Mr. Weatherspoon stated he is al so concerned about the traffic which will be created by the three-story building; however, he does not feel the bank will create that much traffic. Mrs. Horenburger stated they are not approving a site plan and the concerns related tonight will be addressed at another time. At this point the roll was called to the motion. 11. Ordinance No. 38-85 - Walsh Rezonin~. Ordinance No. 38-85, relative to rezoning a 0.92-acre parcel from PRD-10 (Planned Residential District) to POI (Professional, Office and Institutional) District, is before Council for consideration on Second and FINAL Reading. The property is located at the southwest corner of Congress Avenue and Linton Boulevard. 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. 38-85: 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 POI (PROFES- SIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT, A PARCEL OF LAND LYING IN THE NORTH HALF (N½) OF SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHWEST CORNER OF CONGRESS AVENUE AND LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 38-85 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. Mrs. Horenburger moved for the adoption of Ordinance No. 38-85 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 13. Ordinance No. 40-85 - Sie~rist Annexation. Ordinance No. 40 -85, relative to annexing a 20.732-acre parcel subject to R-1AAA (Single Family Dwelling) District, located on the south side of German- town Road, between the E-4 Canal and S.W. 35th Avenue, 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. 40-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING AND BEING IN SECTION 30, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE SOUTH SIDE OF GERMANTOWN ROAD, BETWEEN THE E-4 CANAL AND S.W. 35TH 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; PROVIDING AN EFFECTIVE DATE. - 9- 5/28/85 (Copy of Ordinance No. 40-85 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. Bird moved for the adoption of Ordinance No. 40-85 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 14. Ordinance No. 46-85 - Amending Code - Community Redevelop- ment Agency Creation. Ordinance No. 46-85, amending Chapter 2, "Admin- istration'' of the Code of Ordinances relative to the creation of the Community Redevelopment Agency, 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. 46-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING A NEW ARTICLE VIII, "COMMUNITY RE- DEVELOPMENT AGENCY", AND ADDING SECTION 2-135, "CREATION OF COMMUNITY REDEVELOPMENT AGENCY", TO PROVIDE FOR LEG- ISLATIVE INTENT; ORGANIZATION OF THE COMMUNITY REDEVELOP- MENT AGENCY; THE COMMUNITY REDEVELOPMENT PLAN; DELEGATION OF POWER; ORDINANCE AS SUPPLEMENTAL; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. The City Attorney advised that, because of Council's direc- tion last week that they were going to designate themselves as the Community Redevelopment Agency, it would be appropriate after the public hearing for Council to vote "no" on this ordinance. They have to dis- pose of this ordinance somehow and if they do not vote "no" it will always exist as they voted favorably on the first reading. Council will then get a resolution at their next meeting which will designate them as the Agency. Mayor Campbell stated he believes this issue is not dead as there is an on-going discussion from members of the public as to whether or not they would like to lobby to see some of the public, instead of Council, become members of the CRA. He would like to see this issue kept alive so that they can receive additional input. The City Attorney advised the resolution has been advertised to be read and adopted June llth so that would be the appropriate time for postponing this item. The public hearing was opened. Mr. Jackel moved to postpone Ordinance No. 46-85 to the June llth meeting and have a continuation of the public hearing at that time, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird -Yes; Mrs. Horenburger- Yes; Mr. Jackel -Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: - 10 - 5/28/85 15. Sunrise Kiwanis Annual Beach Festival. Council is to con- sider a request by the Sunrise Kiwanis for use of the beach across from the Holiday Inn Camino Real for the 9th Annual Beach Festival on July 27th. Approval is recommended. 16. Engine 14 Disposal. Council is to consider approval to dispose of Engine 14, a 1958 American LaFrance 750 G.P.M. Pumper which is 27 years old and has been replaced by a new quick attacker pump. Disposal can be accomplished by advertising in the Florida Municipal and Florida Firemen's Association Magazines. Approval is recommended. 17. July 4th Fireworks Presentation. Council is to consider approval of expenditure of funds for the July 4th fireworks presentation by the Jaycees. 18. Final Plat Approval - Linton Oaks Square. Council is to consider a request for final plat approval for Linton Oaks Square, an approved 69,640 square foot shopping center, located at the southeast corner of Linton Boulevard and Military Trail. This was approved 5-0 by the Planning and Zoning Board. 19. Final Plat Approval - OCean Apple Estates. Council is to consider a request for final plat approval for Ocean Apple Estates, a proposed five lot single family subdivision, located south of N.E. 8th Street, between Andrews Avenue and State Road A1A. The applicant is also requesting that the standard requirement for the construction of a sidewalk on Andrews Avenue be waived. The Planning and Zoning Board recommends approval of the final plat, and that the sidewalk requirement on Andrews Avenue be waived. 21. Site Plan Approval - Public Safety Facility. Council is to consider a City-initiated request for site plan approval for the Public Safety Facility, a proposed 37,200 square foot municipal government building, located on the south side of Atlantic Avenue, between S.W. 2nd Avenue and S.W. 3rd Avenue. This was approved 5-0 by the Planning and Zoning Board, subject to the following conditions: (1) Items Nos. 1, 3, 4, 6, 7 and 8 (Engineering Department memorandum of April 15, 1985). (2) That the genus, species, height and spacing of all plant material must be provided (City Hor- ticulturist' s memorandum of April 12, 1985. (3) Provide fire hydrants with a maximum 500 foot spacing of road travel. (4) That the alley be abandoned prior to final plat approval. (5) That the reserved area to the south of the property be sodded, until the time of future expansion, provided this can be accommodated within budget (i.e., include as an alternate bid item). (6) That all improvements be completed in accordance with the approved site plans, except as modified by the conditions outlined above. (7) That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. 22. Conditional Use Approval - The Crossroads Club~ Inc. Coun- cil is to consider a request for conditional use approval to allow The Crossroads Club, Inc., to occupy 4,500 square feet within an existing commercial development for use as a club facility. The property is located on the east side of N.E. 2nd Avenue, between N.E. 2nd Street and N.E. 3rd Street. This was approved 5-0 by the Planning and Zoning Board, subject to the site plan requirement and filing fee being waived and the following conditions: - 11 - 5/28/85 (1) That the only conditional use to be approved hereunder is as a Club Facility, primarily for the purpose of meetings for self-help groups such as Alcoholics Anonymous, Narcotics Anon- ymous, Gamblers Anonymous, etc.; (2) That alcoholic beverages and the use thereof be prohibited within this facility; (3) That club meetings be restricted to weekends and after 5:00 p.m. on weekdays; and (4) That no more that 290 members meet in the club facilities at any one time. 24. Student Summer Employment Pro~ram. Council is to consider authorizing initiation of a Student Summer Employment Program. Mr. Jackel moved for adoption of the Consent Agenda, as modified, seconded by Mr. Bird. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 20. Final Plat Approval - Lake Ida Professional Plaza. Council is to consider a request for final plat approval for Lake Ida Profes- sional Plaza, an approved 54,712 square foot office development, located at the northwest corner of Lake Ida Road and Congress Avenue. This was approved 5-0 by the Planning and Zoning Board. Mayor Campbell stated he requested this item be removed from the Consent Agenda. However, he now realizes this is for final plat approval and not site plan approval. Mr. Bird moved to approve the final plat approval for Lake Ida Professional Plaza, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - 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. Jackel stated there was a traffic study made of this area; however, it does not resolve the problem. He feels there are going to be problems with how people get in and out onto Congress Avenue and Lake Ida Road and that there should be right not left turn lanes. 'At this point the roll was called to the motion. 23. Additional Staff - Planning Department. Council is to consider authorizing $21,000 from General Fund Unappropriated Reserve to the Planning Department for one additional Planner and secretarial help. Mr. Bird moved to approve that $21,000 come from the General Fund Unappropriated Reserve to the Planning Department, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - 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. Jackel stated he does not consider this request an emergency and questioned why they cannot discuss this at budget time, which is coming up very shortly. He stated he would be willing to consider getting temporary secretarial help if they need it; however, the planner position could wait. Mayor Campbell stated he agrees with Mr. Jackel. However, they have received such a strong recommendation from the City Manager and the Planning Department he feels it might be appropriate to go ahead and authorize the additional staff. - 12 - 5/28/85 At this point the roll was called to the motion. 26. Burroughs Computers - Police Department. Council is to consider approval of an Installment Agreement for purchase of Burroughs computers. Mr. Bird moved to approve the Installation Agreement for purchase of Burroughs computers, subject to the City Attorney's ap- proval, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Facility Use Fee Charge. Council is to consider changing the facility use fee for use of the gymnasium when an admission is charged to exempt non-profit organizations utilizing the facilities for fund raising purposes from paying 50% of all gate receipts over $200. Mrs. Horenburger moved to eliminate the 50% requirement for non-profit organizations, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call the following discussion was had: The City Attorney stated, currently, the City's policy requires that those persons or groups who use City facilities and charge an admission price must also pay 50% of their gate receipts, in addition to the $200 which is used to offset the cost. This proposal will elim- inate the 50% requirement for non-profit organizations. Mr. Bird stated the City has some buildings they make avail- able to worthy organizations who use those facilities to generate funds for their causes. The City should charge these organizations whatever it costs for the use of the building; however, he does not feel that anyone should be required to pay 50% over that charge. Mr. Bird made a substitute motion that they eliminate the City's participation in 50% of the profits of anything, and if our fee is inappropriate they should revise it at a later date. Said motion failed for lack of a second. At this point the roll was called to the motion. 28. Contract Addendum - Sanders Planning Group. Council is to consider approval of an addendum to the August 14, 1984 agreement be- tween the City and Sanders Planning Group, P.A. The addendum authorizes Sanders Planning Group to perform construction management services for Phases I and II, Barwick Park Improvements project and establishes the fee for these services. Mr. Bird moved to approve the contract addendum, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, the City Manager advised that they are now out of the design phase and into the construction phase and have nego- tiated a contract which sets forth the construction management schedule. At this point the roll was called to the motion. 29. Ordinance No. 54-85 - zoning Ordinance Amendment - Parking, Storin~ or Keeping of Commercial Vehicles in Residential Areas. Ordi- nance No. 54-85, amending Chapter 30, "Zoning" of the Code of Ordinances relative to parking, storing or keeping of commercial vehicles, boats, buses, trailers and trucks in residential areas, is before Council for consideration on First Reading. If passed, Public Hearing will be held June llth. - 13 - 5/28/85 The City Manager presented Ordinance No. 54-85: 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 30-20, "REGULATIONS FOR THE PARKING, STORING OR KEEPING OF COMMERCIAL VEHICLES, BOATS, BUSES, TRAILERS AND TRUCKS ", BY REPEALING SECTION 30 -20 (E) (1) , "TRUCKS" , AND ENACTING A NEW SECTION 30-20 (E) (1) , "TRUCKS", WHICH PROVIDES THAT ONLY PANEL, PICKUP, VAN AND SIMILAR TYPE TRUCKS NOT OVER THREE-QUARTERS TON RATED CAPACITY MAY BE PARKED IN ALL RESIDENTIAL ZONING DIS- TRICTS; PROVIDING THAT SUCH VEHICLES MAY ONLY BE PARKED ON PLOTS IMPROVED WITH A RESIDENCE AND REQUIRING THAT SUCH VEHICLES MUST BE USED BY A RESIDENT OF THE PREMISES; PROVIDING FURTHER THAT IN R-lA ZONING DISTRICTS UP TO TWO TRUCKS HAVING A TWO TON RATED CAPACITY MAY BE PARKED ON A PARCEL OF PROPERTY; PROVIDING THAT CERTAIN SMALL TRAILERS MAY ALSO BE PARKED IN THE R-lA ZONING DISTRICT; AND RE- STRICTING SUCH PARKING TO PARCELS OF PROPERTY WHICH ARE OCCUPIED BY A RESIDENCE AND REQUIRING SUCH VEHICLES TO BE USED BY A RESIDENT OF THE PREMISES AND PROVIDING SCREEN- ING REQUIREMENTS; PROVIDING FOR AN EXEMPTION FROM THESE SCREENING REQUIREMENTS BY THE CITY MANAGER UPON A SHOWING OF UNDUE HARDSHIP; PROVIDING THAT VEHICLES CURRENTLY PARKED IN R-lA WHICH EXCEED THE NUMERICAL OR TONNAGE LIMITATIONS ARE PERMITTED IF THEY COMPLY WITH SCREENING REQUIREMENTS; REPEALING SECTION 30-20(E) (2), "BOATS, BOAT TRAILERS, AND RECREATIONAL VEHICLES", SUBSECTION (b) AND ENACTING A NEW SECTION 30 -20 (E) (2) , "BOATS, BOAT TRAILERS AND RECREATIONAL VEHICLES" SUBSECTION (b) TO PROVIDE THAT ONE BOAT, ONE BOAT TRAILER AND ONE RECREATIONAL VEHICLE MAY BE PARKED ON RESIDENTIAL PROPERTY OCCUPIED BY A PER- MITTED STRUCTURE; PROVIDING FOR THE SCREENING OF SUCH VEHICLE, AND PROVIDING THAT SCREENING REQUIREMENTS FOR SUCH VEHICLE SHALL NOT BE CONSTRUED TO REQUIRE SCREENING FROM DIRECT VIEW; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 54-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - No; Mr. Jackel -No; Mr. Weatherspoon - No; Mayor Campbell - No. Said motion FAILED by a 5 to 0 vote. Before roll call, Mr. Bird stated he has a problem with allowing trucks to be parked in the R-lA zoning districts. They have not heard any complaints regarding trucks in the R-iA district; if there is a way to get them off the streets they generally are and they seem to be screened. He would suggest that they change this ordinance and in the R-lA district there be no reference to trucks. This would require some revisions so they could vote this ordinance down and send it back to staff. Mr. Bird clarified that he is only making reference to trucks, not any other type of vehicle. At this point the roll was called to the motion. 30. Ordinance No. 55-85 - Zonin~ Ordinance Amendment - Lot of Record. Ordinance No. 55-85, amending Chapter 30, "Zoning", of the Code of Ordinances relative to lot of record, is before Council for con- sideration on First Reading. If passed, Public Hearing will be held June llth. The City Manager presented Ordinance No. 55-85: - 14 - 5/28/85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-1, "DEFINITIONS", SUBSECTION 53, "LOT OF RECORD", TO PROVIDE THAT WHENEVER A PORTION OF AN EXISTING LOT IS REPLATTED AND CONTAINED IN A NEW PLAT THE PORTION OF THE LOT IN THE ORIGINAL PLAT ¥~ICH HAS NOT BEEN REPLATTED SHALL NOT BE CONSIDERED A LOT OF RECORD; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 55-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, upon question by Mr. Jackel, the City Attorney advised they have run into a problem with lots of record being sold by pieces of each other. In order to accommodate them and allow them to be built on they had to redefine the definition of Lot of Rec- ord. At this point the roll was called to the motion. 31. Charter Building. The City Manager stated this matter was previously discussed by Council as a water service agreement. It was decided to postpone the request until the Land Use Committee had had a chance to review the area. Council has been furnished copies of letters from the County and the Department of Health and Rehabilitative Services questioning why the City did not immediately hookup the Charter Build- ing. The City Manager outlined what his response to the County was and advised that there is no legal, refined requirement which states that the City has to provide the Charter Building with water; however, he does not know all the legalities of the situation. This would also have to be a policy decision as to whether or not Council wishes to extend water service. It appears that a corner of the property does lie within the City's annexation area. The study from Russell & Axon, which Coun- cil has not officially received, indicates that water would be avail- able. The City's consulting engineers, Post, Buckley, Schuh & Jernigan, Inc., have also not received this study, nor had a chance to give Coun- cil their review of the matter. Mayor Campbell stated that he feels the matter is pending as Council specifically stated they wanted the report. That report will be the basis by which they will decide whether or not to grant water ser- vice. It was the consensus of Council to hold off on this matter until they receive the report. Mayor Campbell declared the meeting adjourned at 11:05 P.M. ATTEST: MAYOR - 15 - 5/28/85 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 May 28, 1985, which minutes were for- mally approved and adopted by the City Council on ~ //~ /~'~J- . ~ City Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 16 - 5/28/85