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07-16-85SpMtg JULY 16, 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 7:10 P.M., Tuesday, July 16, 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. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) considering passage of Resolution No. 62-85 relative to discouraging and stringently reviewing any applications for changes to the Land Use Element of the City's Comprehensive Plan pending receipt of a report from the City's Land Use Advisory Committee. 1. The Acting City Manager presented Resolution No. 62-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING ITS POSITION THAT IT SHALL DISCOURAGE AND STRINGENTLY REVIEW CERTAIN APPLICATIONS FOR CHANGES TO THE LAND USE ELEMENT OF THE CITY'S COM- PREHENSIVE PLAN PENDING RECEIPT OF A REPORT FROM THE CITY'S LAND USE ADVISORY COMMITTEE; PROVIDING FOR PUBLI- CATION OF THIS RESOLUTION; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 62-85 is on file in the official Resolution Book) Mrs. Horenburger advised that the other day she attended the joint meeting of the Planning and Zoning Board and the Land Use Advisory Committee, at which meeting the Planning and Zoning Board opposed the resolution and the Land Use Advisory Committee supported it. She asked the City Attorney today to prepare a substitute resolution with some corrected wording. The City Attorney explained that the resolution is essen- tially the same but now has additional language defining density and intensity. Further, this resolution eliminates the Planning and Zoning Board time frame and also eliminates the phrase "and acceptance of" which they felt was inappropriate. The resolution would expire at the time the report is received by the City from the Land Use Advisory Committee. Mr. Weatherspoon inquired if taking mention of the Planning and Zoning Board out of the resolution will preclude the Land Use Ad- visory Committee from submitting the report to the Planning and Zoning Board before it comes to Council. The City Attorney replied, no, and added that when the report is submitted to the Planning and Zoning Board, that would be the time when the resolution would expire. Mr. Bird stated it is his understanding that nothing in the resolution would prohibit the Planning and Zoning Board from taking a similar action, even during the existence of this resolution. The City Attorney stated that is correct. Mr. Jackel felt that the wording in the resolution is in- nocent enough as Council stringently reviews every project. He felt they should adopt the resolution tonight with the inclusion of the Planning and Zoning Board as he does not want to offend them. Mrs. Horenburger moved to adopt Resolution No. 62-85 as received from the City Attorney tonight which eliminates the Planning and zoning Board from it and recognizing that this is a policy statement and that Council always stringently reviews rezonings and land use changes, seconded by Mr. Jackel. 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. Before roll call, the City Attorney read the caption of the amended version of Resolution No. 62-85 which Council is voting on (see caption above). For the record, Mr. Bird stated that it is his under- standing that those exemptions that are covered in Section 1 are exemp- tions to the portions of Section 1 labeled 1, 2 and 3. The City Attor- ney replied that is correct; the intent is that those would be excep- tions to the definition of what constitutes a change in density and intensity. At this point the roll was called to the motion. Mayor Campbell declared the meeting adjourned at 7:25 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 16, 1985, which minutes were for- mally approved and adopted by the City Council on ~ity 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. - 2 - 07/16/85