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08-27-85 AUGUST 27, 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 7:03 P.M., Tuesday, August 27, 1985. 1. Roll call showed: Present - Council Member ~lcolm T. Bird Council Member ~rie Horenburger Council Member Arthur Jackel Council Member Jimmy Weatherspoon 5~yor 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 Council Member Jimmy Weather spoon. 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 August 13, 1985, 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. 5.a.1. Fir. Andy Carlino, representing the developers of the Lake Ida Commerce Park, stated they were unable to make the agenda this evening for first reading of their rezoning request and this has created a financial difficulty. In order to make their lending institution more comfortable he is requesting Council's opinions and feelings on the rezoning of this property to PCC. Mr. Jackel stated he read the report to the Planning and Zoning Board and liked what he saw; however, he would like to see any traffic problems resolved and the restaurant and retail shops, which border Congress Avenue, moved to the center of the project. Mr. Bird moved that Council endorse the concept of a change in zoning to PCC for the parcel of property in question and that the ultimate use of the property still be subject to site plan review, 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 Attorney stated he feels it should be made clear that the motion is of a non-binding effect on the rezoning ordinance which would be before Council, but is an expression of their current intent. Mayor Campbell stated they under stand and he feels Mr. Carlino understands that should certain circumstances come they have the politician's right to change their minds. At this point the roll was called to the motion. 5.a.2. ~lr. Tommy Stevens, 520 S.W. 9th Street, on behalf of the Board of Directors for the Roots Cultural Festival, thanked Council and the City of Delray Beach for their unselfish support throughout their 8th annual festival. He presented Mayor Campbell with a copy of their souvenir booklet and an engraved date to be placed on the 10 year p la que. 5.a.3. ~lrs. Barbara Smith, President of the Chamber of Commerce, stated that at the end of this year the sign ordinance 10-year morato- rium will end. The Chamber feels they can be of service to their member- ship and the rest of the business community by trying to work to inform as many people of what is going to be involved when they become non- conforming. They are appointing a task force on the sign ordinance to study this and she is here tonight to ask for Council's blessing and cooperation in this effort. She would also like to ask permission to use any records they may need to do this job. Mayor Campbell stated if they can have any citizen assist- ance in preparing the City for this he would urge full support. It was the consensus of Council to endorse and support what the Chamber will be doing. 5.a.4. Carol Brown, co-owner of the Green Owl Restaurant, ques- tioned the reason for the two-hour parking limit in the downtown area. The City Manager advised this item is scheduled for next week's workshop agenda. They have had a number of inquiries from the Chamber of Commerce to the Police Department and he believes there are some very historical reasons why Council needs to review the request to increase the parking from two hours to three hours. ~layor Campbell suggested that Ms. Brown talk to the Chamber of Commerce and then come to the meeting next Tuesday. 5.a.5. Mr. Sam Rosenbaum, 3130 N.W. 10th Place, stated he has been a member of the Delray Beach Municipal Golf Course since February, 1979 and feels the course is in worse condition now than it was then. He feels the responsibility for the condition of the course belongs with Council as owners of the property. Mayor Campbell stated this issue is not being ignored; however, they are bound by the terms of a strict lease contract and whatever action has to be done must be taken within the context of that c ont ra ct. 5.a.6. 5ir. "Red" Rhodes furnished Council with copies of a peti- tion, signed by members of the Delray Beach Municipal Golf Course, stating that they feel the golf course had made reasonable progress since it was taken over in January, 1985, and that the future of the course will demonstrate that the administration acted wisely. 5.b. 1. Mr. Weatherspoon stated while driving towards the Intra- coastal today he noticed that the drainage was very bad and the streets were flooded in the area of Barnett Bank. He would like the City Manager to take whatever appropriate actions are necessary to help the situa- tion. The City Manager stated there are two major problem areas in the downtown; however, they are part of the City Engineer's recommenda- tion for future improvements in this year's budget. 5.b. 2. Mr. Weatherspoon questioned the status of the 5th Avenue project. The City Manager stated the last information he received is that it was still being coordinated by the County. He is now trying to get the information on the parking situation and they should have a report by next week. 5.b.3. Mrs. Horenburger stated that in going over the list of boards and committees she noted that, with regard to the Planning and Zoning Board, Mr. Ted Carey's term will expire in September. She would like to propose that as of September 28th they consider the name of Mr. Sid Soloway as a replacement for Mr. Carey on that Board. - 2 - 8/27/85 Mrs. Horenburger moved that Mr. Sid Soloway be appointed to the Planning and Zoning Board, effective September 28, 1985, to the expired term of Mr. Ted Carey, 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. 5.b.4. Mrs. HOrenburger stated with the appointment of Mr. Soloway to the Planning and Zoning Board it leaves an alternate vacancy on the Board of Adjustment. They have received a request from Mr. A1 Carrocia, regular member of the BOA, to become an alternate member. Mrs. Horenburger moved to appoint Mr. A1 Carrocia as an alternate member to the Board of Adjustment, effective September 28, 1985, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Ye s; Mr s. Hore nburger - Ye s; Mr. Ja c ke 1 - Ye s; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.5. Mrs. HOrenburger moved that Mr. Todd Jackson be appointed as a regular member to the Board of Adjustment, to replace Mr. Carrocia and to be effective immediately, 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. 5.b.6. Mrs. HOrenburger stated, with regard to the alternate member- ship on the Code Enforcement Board, they do have a position vacant for a General Contractor. Mr. Bird moved that McArthur Jackson be appointed to the position of General Contractor to the Code Enforcement Board, seconded by Firs. 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. 5.b. 7. Mr. Bird stated as he drove past Barwick Park today he noticed how badly flooded it was. Several weeks ago he asked the admin- istration to obtain an engineers certification that during the frequent deluges, which strike, that the park would absorb the water in a rea- sonable period of time. He feels it is time to insist that the architect and designer of the project remedy the problem before they forward any more dollars. Mr. Bird moved that no further funds be expended until they get a plan which will certify that in a reasonable period of time, after heavy rainfall, the park will be usable for the purpose for which it is being designed, 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. 5.b.8. Mr. Bird stated he has a copy of a letter written by the Engineering Department of Palm Beach County to their contractor with regard to the Linton Boulevard improvements from Congress Avenue east to Federal Highway. It basically states that the contractor should dis- regard the developers and go ahead with the project. The problem with this is that they are going to tear up Linton Boulevard this year while they do the six-laning and then next year when the developers have to make their improvements it will have to be torn up again. Mr. Bird moved that Council direct ~yor Campbell to implore the County, in as strong of words as he can, to coordinate their efforts with those developments which have already been improved and which have legitimate requirements to do traffic improvements between 1-95 and Dixie Highway, and to have those improvements coordinated and done at the same time, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; ~]r. Weatherspoon- Yes; Mayor Campbell- Yes. Said motion passed with a 5 to 0 vote. - 3 - 8/27/85 5.b.9. Mr. Jackel stated that last week two or three newspapers made note of the fact that he was absent from one of the budget ses- sions. He feels that his input at these budget sessions was such that he has contributed as much as anyone else. He explained that illness kept him from attending. 5.b.10. Mr. Jackel stated that a public hearing for the budget has been scheduled for September 24th; this date is a Jewish holiday and as a result many of the citizens will not be able to attend. He advised that September 10th has also been scheduled for a public hearing and suggested that those citizens who cannot attend the meeting on the 24th attend the hearing on the 10th. Mayor Campbell suggested, with Council' s concurrence, that if they feel it is appropriate, as they approach that date, that they need additional information to go out they might use the media to advertise the fact that the final hearing has been scheduled on a Jewish holiday and if any citizen wishes to speak they should come on September 10th. Mr. Bird stated that the difficulty in scheduling a final budget hearing is that it has to be after the County and the School Board's hearings. They usually try to avoid scheduling the City's hearing on Holy Days; unfortunately, it could not be avoided this year. 5. b. 11. M~yor Campbe 11 stated that, at the request of Mr. Weatherspoon and members of the Housing Authority, he would like to suggest the name of Mr. Eugene Strews, Vice-President of Sun Bank, to serve on the Housing Authority. Mr. Bird moved to appoint Mr. Eugene Strews as a member of the Rousing Authority, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather spoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 5.b.12. ~yor Campbell stated several weeks ago they had considered the name of Mr. Gilday to be appointed to the Civil Service Board. He questioned whether or not they formally appointed Mr. Gilday to the Board. It was the consensus of Council to place this on the next regular agenda for consideration. Mr. Jackel stated he has been informed that there will be an additional appointment to be made to the Planning and Zoning Board. He would like Council to consider the reappointment of Mr. Tore Wallin at the proper time. 5.b.13. Mayor Campbell presented a proclamation proclaiming the week of August 25 - 31, 1985, as "Water and Pollution Control Operators We ek". 5.b. 14. Mayor Campbell stated one of the things they have been talking about considerably has been the subject of trash and the general untidiness they see throughout the City. During the summer they had a litter crew consisting of students; he would like Council to consider continuation of that program by hiring high school students on a part time basis. This will help any students who may need some extra money and also help fight a very important litter problem in the City. Mayor Campbell requested that the City Manager look into this and bring back to Council at the next regular meeting his feeling on how this might be done and a general cost. He, personally, feels so strongly about this he would be prepared to appropriate, from the con- tingency funds, a reasonable amount necessary to implement an anti- litter program. 5~yor Campbell stated if he has the consensus of Council on this suggestion he would like it to be implemented as soon as possible. - 4- 8/27/85 5.c.1. The City Attorney stated they have negotiated an agreement with Delray Summit with regard to the parking area they are going to install. However, there is one issue which is unresolved and he is looking for some Council direction. Delray Summit has agreed that they will install the parking at their cost and hold harmless the City for any claims which arise out of the use of the parking lot once it is built. One of the areas which has not been agreed to is that they would not so agree to defend the City and hold us harmless if any of the neighbors sued us over our right to install the parking lot at that location. If that is acceptable to Council, then he will go ahead and have the contract executed. If Council has an objection, then they need to resolve it now. It was the consensus of Council that they have no problem with that issue and that the City Attorney should proceed with execution of the agreement. 6. Mayor Campbell requested that Items 16, 19, 20 and 21 be removed frcm the Regular Agenda. He advised that these items were put on the agenda by specific motion to move them to tonight's agenda. However, they have scheduled a series of public hearings and considera- tions of all land use changes to be heard in September. The applicants for Items 16, 19, 20 and 21 understand this and did not come to to- night' s meeting. He suggested that these Items be postponed to the meetings of September 10th and 24th. Mr. Bird moved for approval of the agenda with Items 16, 19, 20 and 21 to be postponed until September 10th, 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. PUBLIC HEARING 7. Ordinance No. 77-85 - Amending Code - Forfeiture of Office. Ordinance No. 77-85, amending Chapter 2 "Administration" of the Code of Ordinances to provide that any member of any City board or commission appointed by City Council shall forfeit his/her appointment auto- matically without further action of the City Council if said member fails to attend three consecutive regular meetings of their board or commission, 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. 77-85: 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 AMENDING ARTICLE VII, "REMOVAL OF MUNICIPAL BOARD OR COMMISSION MEMBERS", BY ADDING A NEW SECT ION 2-134, "FORFEITURE OF OFFICE", TO PROVIDE THAT ANY MEMBER OF ANY CITY BOARD OR COMMISSION APPOINTED BY THE CITY COUNCIL SHALL FORFEIT HIS/HER APPOINTMENT AUTOMATICALLY WITHOUT FURTHER ACTION OF THE CITY COUNCIL IF SAID MEMBER FAILS TO ATTEND THREE CONSECUTIVE REGULAR MEETINGS OF THEIR BOARD OR COMMISSION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-85 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. Alice Finst, 707 Place Tavant, questioned if there are any excuses that would be acceptable. - 5 - 8/27/85 ~ayor Campbell stated that excuses like being out of town, etc., which are known in advance and made known to the Chairman would be acceptable. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 77-85 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; ~r. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. CONSENT AGENDA Mr. Weatherspoon requested that Items 8 and 9 be removed from the Consent Agenda and placed as the first two items on the Regular Agenda. The following items are to be considered by Council as the Consent Agenda: 10. Ratification of South Central Regional Wastewater Treatment ~nd Disposal Board action on August 20, 1985. Council is to consider ratification of SCRWTD Board action regarding the Foster Marine contract for the Intracoastal Waterway crossing. This was approved 7-0 by the SCRWTD Board. 11. Water Treatment Plant Improvements. Council is to consider approval of Change Order No. 2 from Intercounty Construction Company increasing the contract amount by $540 for a total contract price of $109,393 for the addition of an integral assembly switch to the elec- trically operated 24" backwash valve. Funds are to come from the 1983/84 Water and Sewer Revenue Bond Reserve. Approval is recommended. 12. Reduction of Retainage and Final Payment. Council is to consider reduction of retainage and final payment request from Inter- county Construction Company for Water Treatment Plant operational im- provements in the amount of $19,067.20. All work is completed. Funds are to come from the 19 83/84 Water and Sewer Revenue Bond Reserve. Approval is recommended. 13. Beach Engineer- Assignment of Contract. Council is to consider a request that the City agree to assign the continuing contract for engineering services relative to the beach renourishment project from Arthur V. Strock & Associates, Inc., to Coastal Planning and Engineering, Inc. 14. Establishment of Council of Governments. Resolution No. 69-85, enacting and establishing a Council of Governments by and between the municipalities of Delray Beach, Boca Raton, Boynton Beach, Highland Beach, Ocean Ridge, Gulfstream, Golf, Briny Breezes and Palm Beach County, the Southeastern Pa lm Beach County HOspita 1 District, the Greater Boca Raton Beach Tax District, the Lake Worth Drainage District, the South Lake Worth Inlet District and the Palm Beach County School Board, is before Council for consideration. The caption of Resolution No. 69-85 is as follows: A JOINT RESOLUTION BY AND BETWEEN THE CITY OF BOCA RATON, CITY OF DELRAY BEACH', CITY OF BOYNTON BEACH', TOWN OF HIGHLAND BEACH, TOWN OF OCEAN RIDGE, TOWN OF GULFSTREAM, TOWN OF BRINY BREEZES, VILLAGE OF GOLF, FLORIDA MUNICIPAL CORPORATIONS; AND PALM BEACH COUNTY, A SUBDIVISION OF THE STATE OF FLORIDA; THE SOUTHEASTERN PALM BEACH COUNTY HOSPITAL DISTRICT; THE GREATER BOCA RATON BEACH' TAX DISTRICT; LAKE WORTH DRAINAGE DISTRICT; SOUTH LAKE WORTH' INLET DISTRICT; AND THE PALM BEACH COUNTY SCHOOL BOARD; FOR THE ENACTMENT AND ESTABLISHMENT OF A COUNCIL OF GOVERNMENTS; PROVIDING FOR THE MEMBERSHIP, POWERS AND ADMINISTRATION OF SUCH' COUNCIL; PROVIDING AN EFFECTIVE DAT E. - 6 - 8/27/85 (Copy of Resolution No. 69-85 is on file in the official Resolution Book) 15. Council of Governments- Governmental Staffs. Resolution No. 70-85, supporting the use of the governmental staffs of the cities of Delray Beach, Boca Raton, Boynton Beach and Palm Beach County, to aid, assist and provide technical data and input for the purpose of review of development proposals impacting areas within their jurisdic- tions, is before Council for consideration. The caption of Resolution No. 70-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AUTHORIZING THE USE OF THE CITY'S STAFF TO WORK WITH THE STAFFS OF OTHER MEMBER LOCAL GOVERNMENTS PARTICIPATING IN THE PROPOSED SOUTH COUNTY COUNCIL OF GOVERNMENT TO ASSIST IN THE REVIEW OF DEVELOPMENT PRO- POSALS AND ANY OTHER MATTERS WHICH' THE CITY COUNCIL OR CITY MANAGER DEEM TO BE IN THE BEST INTEREST OF THE CITY; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 70-85 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda as mod- ified, seconded by ~]r. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; ~ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA 8. .Chan~e Order - Resurfacin~ of Four Additional Streets. Council is to consider approval of Change Order No. 1 from Pavex Corpora- tion increasing the contract amount by $22,165 for a total contract price of $196,100. Rather than incur the expense of bidding and higher unit costs due to the small quantities, it is recommended that the change order to the Phase I contract be executed to resurface the fol- lowing streets: S.W. 12th Court from Congress Avenue to S.W. 20th Terrace S.W. 20th Terrace from S.W. 12th Court to end S.W. 13th Street from S.W. 20th Terrace to S.W. 22nd Avenue ~cFarlane Drive at Ingraham Funds are to come from the 1984/85 budget. Approval is recommended. Mr. Weatherspoon questioned the amount of the contract price and what happened to the money which was budgeted for resurfacing. The City Manager stated the rest of the money was spent for sidewalks. Mr. Weatherspoon moved to approve Change Order No. 1 from Pavex Corporation increasing the contract amount by $22,165, 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. 9. Rescue Equipment- Fire Department. Council is to consider approval to purchase a "Jaws of Life" to be placed on the pumper at Station 4 which covers West Atlantic Avenue, Lake Ida Road and North Congress Avenue, in the amount of $9,800, with funds to come from the Fire Rescue Contribution Reserve Fund. Approval is recommended. Upon question by Mr. Weatherspoon, the City Manager advised this apparatus is used to open doors on vehicles which are involved in wrecks. There are two other stations in the City which have this item. - 7- 8/27/85 Mr. Weatherspoon moved to approve purchase of a "Jaws of Life" in the amount of $9,800, with funds to come from the Fire Rescue Contribution Reserve Fund, 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. 17. Site Plan Approval - Commercial Building (U.S. No. 1). Council is to consider a request for site plan approval from the Com- mercial Building (U.S. No. 1), a proposed commercial bank and office building with drive-in facility, located on the east side of Federal Highway, between Linton Boulevard and S.E. 10th Street. This was ap- proved 4-0 by the Planning and Zoning Board subject to the following conditions: (1) That an affidavit be required, stating that the property will be platted at whatever time the building is occupied by two or more tenants. (2) Show legal access to the F.I.N.D. parcel (En- gineering Division' s memorandum of May 16, 1985 ). (3) Provide a fire hydrant located at the maximum of 250 feet road travel from the building (Fire Marshal ' s memorandum of January 15, 1985 ). (4)Irrigation is to be from a source other than City water. (5) Sod to the edge of the pavement and provide irrigation to same. (6) Provide nine (9) additional shrubs at the southern building wall (City HOrticulturist' s memorandum of June 10, 1985). (7) Add note to the site plan stating that artifi- cial lighting will conform to City standards in accordance with Sec. 30-15(M)(2) of the Zoning Code. (8) That all improvements be completed in accordance with the approved site plans, except as modified by the above conditions. (9) That the time limitation of this approval be eighteen ( 18 ) months pursuant to Section 30-22(E) of the Zoning Code. Mr. Gordon Ri~ma, developer and co-owner of the property, questioned what the conditions are as he did not receive a copy of them. Mrs. HOrenburger advised that the Planning Department is recommending that condition 2 be amended to read that an access easement be provided to the F.I.N.D. parcel; they have an option as to which condition to accept. ~lr. Ripma stated it is his understanding that they are ~.not legally liable to provide that access; however, they would like to accommodate the F.I.N.D. parcel. He met with the Planning Director today and he suggested that they just move the driveway 24 feet to the north which will allow the F.I.N.D. parcel the access and they will not have to give up any parking. ~]ayor Campbell suggested they pass over this item until Mr. Ripma has read the conditions and they will come back to it after Item 18. Mr. Bird stated that, according to the data provided him by staff, the reason they are revisiting this issue was the addition of 1,714 feet in usable floor space. He questioned if this change came about as a result of the City's change in the parking ordinance. Mr. Ripma stated that that was the reason. Mr. Bird stated, for the record, that they changed the parking ordinance to increase landscaping not to increase the size of buildings. He is concerned that staff would bring to Council something that is diametrically opposed to their intent. If the Planning and Zoning Board and the Planning Department do not understand Council ' s intent then he would like to reemphasize it tonight. - 8- 8/27/85 Mayor Campbell suggested they discuss this once they get back to the item. 18. Site Plan Approval - The Landings. Council is to consider a request for site plan approval for The Landings, a proposed 54-unit multiple family development in three four-story buildings, located at the southeast corner of N.E. 8th Street and the Intracoastal Waterway. This w~s approved 5-0 by the Planning and Zoning Board, subject to the following conditions: (1) That the thirty (30) foot easement, and the twelve (12) foot utility easement be abandoned and that replacement easements be provided for the relocated sanitary sewer line prior to City Council's consideration or that the property be replatted prior to receipt of a building permit. (2) Provide two (2) additional dumpsters; one at the northeast corner of the site and another to serve the existing buildings. (3) Provide three (3) handicapped spaces for the proposed facility. (4) Designate the twenty-seven (27) parking spaces located along the perimeter road for guest parking only. Use signs to identify the above described parking tiers, according to Sec. 30-18(C) (3) (F). (5) That all improvements be completed in accordance with the approved site plan. (6) That the time limitation of this approval be eighteen (18) months pursuant to Sec. 30-22(E) of the Zoning Code. ~lr. Bird stated he has heard some concerns with regard to the aesthetic compatibility with the existing buildings. He questioned if the developers are using the same colors. The developer advised they have revised their plans to tie the color of the new buildings into the existing buildings; they feel this will satisfy the Community Appearance Board as well as Council. ~lr. Bird moved to approve the site plan for The Landings, subject to the conditions in the memorandum of August 20, 1985, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Firs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; ~Iayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 17. Mr. Ripma stated he has had a chance to review the con- ditions and feels that if the site plan is approved they will be more than glad to provide access to the F.I.N.D. area. The City Attorney advised that Council will be approving the site plan with the condition that staff review the site plan to make sure the access is provided. 5Irs. Horenburger moved to approve the site plan for the Commercial Building, subject to all the conditions, seconded by Mr. Bird. F~r. Bird stated he does not feel they have adequately com- municated to either staff or the Planning and Zoning Board the intent of their decision to reduce parking. The increase in this site plan is a direct result of Council having reduced the parking requirement; that being true, he does not feel this should be approved. He would prefer that this item go back to the Planning and Zoning Board for re-evalua- tion without having been disapproved to see if they can justify to Council that this represents their intention and is not simply a matter of someone getting more building space. Mayor Campbell stated that, since they did not enact an ordinance giving up parking spaces for landscaping, this could open up to litigation. Any developer now has the right to rely upon the ordi- nance and ask for whatever they can get on the property. - 9 - 8/27/85 Mr. Jackel made a substitute motion that they refer this item to the Planning and Zoning Board and postpone any decision on the issue until September 10th, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; ~yor Campbell - No. Said motion passed with a 3 to 2 vote. 5.b.15. Flrs. HOrenburger advised that the terms of Terrence Lee, Suzanne Bird and Alice Finst, members of the Community Appearance Board, expired on August 25th. Upon question by Mrs. HOrenburger, Mr. Bird stated he is not sure whether or not Mrs. Bird would like to be reappointed. Mrs. HOrenburger moved to reappoint Terrence Lee and Alice Finst to the Community Appearance Board, 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 8:17 P.M. City Clerk ATTEST: ~/ MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of August 27, 1985, which m~nutes were for- mally approved and adopted by the City Council on .~. /~F~.~ City 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. - 10 - 8/27/85