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07-02-85SpMtg JULY 2, 1985 A Special 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 7:00 P.M., Tuesday, July 2, 1985. 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 - Acting City Manager Robert A. Barcinski and City Attorney Herbert W.A. Thiele. Before the meeting was called to order, Mayor Campbell stated there has been a great deal of talk with regard to Land Use Plan amendments and a moratorium and Council has been trying to assess the validity and perameters of such a serious move. The Land Use Advisory Committee has discussed some restrictions and/or a moratorium in con- junction with changes which are taking place now or applications pending with regard to the Plan and will soon be making a presentation to Coun- cil. Mayor Campbell stated he would like the consensus of Council that they ask the City Attorney to research and look into this and have him inform them of the legal ramifications and perameters of such re- strictions and/or moratorium. He would also like the City Attorney to be able to answer questions which may be posed in the Committee's mem- orandum and from Council. It was the consensus of Council to direct the City Attorney to look into this matter. Mr. Robert J. Ellis, Chairman of the Planning and Zoning Board, stated he feels it is strange that consideration of these pro- posals have completely bypassed the P&Z Board without any input from them. Mayor Campbell stated he will try to get the Planning and Zoning Board members updated both on the contents of the Land Use Ad- visory Committee's report and some of the historical background which has been taking place. Mr. Ellis questioned if it would not be more beneficial if the report first go through the Planning and Zoning Board for its input. Mayor Campbell suggested that Mr. Ellis be in attendance with some of the other Board members at the next meeting to hear the report and the appropriate comments can be made at that time. He will personally get with Mr. Ellis to bring him up to date with what has been going on. Mr. Ellis stated, for the record, that he feels this is circumventing the real function of the Planning and Zoning Board and he has difficulty trying to serve as Chairman, representing a citizens group, only to find that a group can be so influential to the City Council that they completely bypass the P&Z Board. He feels it is inappropriate that another citizens group should make such a report or recommendation as that is the function of the P&Z Board. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of: (1) considering First Reading of Ordinance No. 68-85 changing the City's Land Use Plan Designation in the Comprehensive Plan for a 1.46 acre parcel from MF-10 Multiple Family to C-Commercial, located at the northeast corner of South Federal Highway and Tropic Isle Drive (Pelican Harbor Shoppes). If passed, Public Hearing will be held August 6, 1985; (2) considering First Reading of Ordinance No. 69-85 rezoning a 1.46 acre parcel from SAD (Special Activities District) to GC (General Commercial) District (Pelican Harbor Shoppes); (3) considering Resolution No. 58-85 support- ing Roots Cultural Festival, Inc., Eighth Annual Festival - July 6 - August 11, 1985; (4) considering award of contract for the Barwick Park asphalt walkway to the low bidder, Janus Construction Company, in the amount of $38,765, with funds to come from the Barwick Park Project Fund (subject to the City Attorney's approval of final contract documents); and (5) considering award of contract for lighting at Merritt Park to the low bidder, C.R. Dunn, in the amount of $95,299. Funds to come from Recreational Impact fees (subject to the City Attorney's approval of final contract documents). 1. The Acting City Manager presented Ordinance No. 68-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, FROM MF-10 MULTIPLE FAMILY TO C-COM- MERCIAL. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND TROPIC ISLE DRIVE; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 68-85 on First Reading, 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, Mayor Campbell stated this ordinance is a technical requirement to bring the Land Use Plan into legal comformity with an already existing commercial zoning; by law, they must bring the Land Use Plan into conformity with the Zoning Map as they cannot con- flict with each other. At this point the roll was called to the motion. 2. The Acting City Manager presented Ordinance No. 69-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN GC (GENERAL COM- MERCIAL) DISTRICT A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND TROPIC ISLE DRIVE, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 69-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Jackel stated he would hope that in the future they hold to the Land Use Plan and not change it every week. Regarding this particular request, he agrees with the developer that he needs more leeway and is willing to give it to him. - 2 - 7/2/85 Mayor Campbell stated he is going to oppose this rezoning as when it was discussed a few years ago they did not want a General Com- mercial zoning in that area and feels it is not Council's duty to bail out developers. He would rather see the SAD permitted uses amended than rezone to General Commercial. A representative for the developer advised the six uses permitted in the current zoning are very limited which is why they are requesting this rezoning. Mrs. Horenburger questioned why the developer did not con- sider some other kind of commercial zoning such as Limited Commercial. She concurs with Mayor Campbell that General Commercial zoning would not be appropriate in that particular area. Upon question by Mr. Jackel as to why the Planning Depart- ment did not recommend that this property be rezoned to Limited Com- mercial, Mr. Robert Cohn, Planning Director, stated that zoning category was created specifically for an area along Atlantic Avenue. The prop- erty owner voluntarily agreed to deed restrict the property for some of the uses which were of concern to the neighbors and on that basis the Planning and Zoning Board recommended approval of the General Commercial zoning. Mr. Bird stated he would hope that the Land Use Advisory Committee in their deliberations, and the Planning and Zoning Board will do their utmost to dissipate SAD's. At this point the roll was called to the motion. 3. The Acting City Manager presented Resolution No. 58-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE EIGHTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 58-85 is on file in the official Resolution Book) The Acting City Manager advised that in addition to Coun- cil's consideration of this Resolution, they are also being asked to consider donating $1,000 to build the center stage at Pompey Park, permitting businesses along Atlantic Avenue to display festival flags in front of their businesses and a waiving of the recreational facility use fees. Upon question by Mayor Campbell, the City Attorney stated the Resolution would be approved tonight and, with Council's consensus, the other three items will be placed on next week's consent agenda for ratification. Mr. Bird moved for the adoption of Resolution No. 58-85, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; hrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird suggested, for Council's consensus, that they appropriate $1,000 for the center stage at Pompey Park, waive the recrea- tional facility use fees, with monetary consideration to come out of the Parks and Recreation budget; these items to be placed on the next con- sent agenda. 4. Mr. Jackel moved to award a contract for the Barwick Park asphalt walkway to the low bidder, Janus Construction Company, in the amount of $38,765, with funds to come from the Barwick Park Project Fund, subject to the City Attorney's approval of final contract doc- uments, 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 - 7/2/85 Mayor Campbell requested that Mrs. Alice Finst look into some communication he received from Wells Fargo Canfield, out of California, which is a national program to sponsor and encourage model heart fitness jog paths. This company will put up a considerable amount of money for construction and implementation of these paths. He also requested that Mrs. Finst contact the Sunrise Kiwanis Club as they are very much involved in this program. Mr. Marvin Sanders stated tomorrow afternoon they are going to have a bid opening for the back property line fence. That fence is proposed to be a chain link fence; however, the people in the abutting neighborhood have requested that they reconsider the fence and place railroad ties every six feet with a 2x10 or 12 foot beam as an alter- native. 5. The Acting City Manager stated two different bids were taken for the lighting at Merritt Park; one using concrete poles and the other using wooden poles. Whichever bid Council wishes to go along with they will need direction to get the additional funding from the Impact Fees. Mayor Campbell stated he would urge that they go with the concrete poles and that the additional money come from the Impact Fees. Mrs. Horenburger moved to award a contract for lighting, with concrete poles, at Merritt Park to the low bidder, C.R. Dunn, in the amount of $95,299, funds to come from Recreational Impact Fees, subject to the City Attorney's approval of final contract documents, 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. Mayor Campbell declared the meeting adjourned at 7:40 P.M. ATTEST: ~ City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of July 2, 1985, which minutes were for- mally 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. - 4 - 7/2/85