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09-10-85 SEPTEMBER 10, 1985 A Regular Sleeting of the City Council of the City of Delray Beach, Florida, w~s called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:05 P.M., Tuesday, September 10, 1985. 1.a. Mayor Campbell presented and read a proclamation officially honoring the Delray Beach Little League All Star Girls Softball Team for their outstanding achievements, honors and good sportsmanship and pres- ented a plaque. Mr. Robert Miller came forward to accept the proclama- tion and plaque. He thanked the City Council, the City of Delray Beach and its citizens for providing the facilities. The City of Delray Beach has been honored in hosting more tournaments for young people than any other team in District 7, Section 2. In the year 1987 Delray Beach will be hosting the State Championships in Little League play which is a great honor. Mr. Miller introduced the girls on the team, the coaches, the parents and drivers and presented City Council with the district pe nna nt. 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 Mr. Robert Miller. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. ~lrs. HOrenburger moved for approval of the minutes of the Regular Meeting of August 27, 1985, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; 5~r. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. BUDGET CONSIDERATION 5. Tentatively Levying of Tax Rate. Resolution No. 72-85, relative to tentatively levying a tax on all properties within the City of Delray Beach, is before Council for consideration. Prior to con- sideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 72-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY LEVY A TAX ON ALL PROP- ERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COL- LECTIONS THEREUNDER. (Copy of Resolution No. 72-85 is on file in the official Resolution Book) Mayor Campbell explained that the City is increasing the millage rate by .27 which means an additional 27¢ per $1,000 of assessed value. Also they are levying the total amount of the budget of approxi- mately $20,000,000. These two resolutions merely adopt the millage rate and the total budget consideration and they will not be discussing line items tonight. The Utility Tax is merely a proposal at this point and has not been adopted by the City. He made a promise that they would not levy that tax until the budgetary process was completed and most likely it will be under consideration in October. The City Attorney read the entire resolution. 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. ~. Jesse Hubble, on behalf of the Progressive Residents of Delray (PROD) and High Point Section 5, expressed opposition to the 1% utility tax increase. They feel beautification should be included in the ad valorem tax. F~r. Michael Markum, 450 N. Swinton Avenue, felt the tax increase percentages were high and that Council should try to reduce their taxes by finding sources of revenue other than the property owner. Mr. Cecil Jameson, 515 N. Swinton Avenue, stated his as- sessed value w~nt up 23.3% while a similar property went down in value by 50%. He feels the City should make sure that properties are fairly assessed. Mr. Ed E~an, representing Section 3 of High Point and PROD, expressed opposition to the 1% utility tax increase and presented a petition. They support beautification but feel this is the wrong way to finance it; it should be a line item in the budget. Further, they would like to see some beautification to the median on Atlantic Avenue between Homewood Boulevard and Military. Mr. David Nathanson, IAC member, stated that if the beau- tification tax was to become a budget item that would mean an additional $330,000 out of reserve which would drop the reserve to a dangerously low level for a City of this size. He recommends that the utility tax increase be enacted for beautification purposes and that they continue the millage rate as proposed in the ordinance. Mr. Gerald Philippe, representing PROD and High Point Sec- tion 4, expressed opposition to the 1% utility tax increase and pre- sented a petition signed by 400 residents. They feel that funding for beautification should come from the ad valorem tax. Mr. Morrey Burns, representing PROD, presented a petition in opposition of the utility tax. He also discussed the process of assess- ment by the County which he feels is unfair. Mayor Campbell advised that the City is not involved with the assessment process. He suggested that if residents of Woodlake protest that the assessment methods are unfair, he feels Rebecca Walker would do something about it. Mr. George Conley, 2380 Black Olive Boulevard, expressed opposition to the 1% utility tax increase and stated that Pines of Delray owners have signed a petition opposing it. Mr. Ed Vanis, representing High Point Section 6, presented a petition opposing the 1% utility tax. They feel beautification should be included in the ad valorem tax. Mr. Joe Videli, Country 5~nors, expressed opposition to the 1% tax and stated that they have submitted a signed petition to that effect. Mayor Campbell explained that there are two ways they can pay for beautification. If they use the utility tax the property owner will pay a lesser share. If they use the ad valorem tax, the property owners will carry the burden and the renters and businesses will be getting away scot-free. He feels the average citizen would not complain about $10 - $12 a year but might complain about $15 - $18 a year which is, roughly, the difference between the utility tax increase and ad valorem tax. Mr. Dave Huddleston, Finance Director, has facts and figures pertaining to these considerations. It is something that Coun- cil is going to consider separately. -2 - 09/10/85 Mr. Stanle~ Katz, representing Pines of Delray West, ex- pressed opposition to the utility tax increase. He feels that if busi- nesses have to pay a utility tax increase, that cost will be passed on to the consumer and the citizens will be paying this tax twice. 5irs. Elizabeth Matthews, 1024 White Drive, stated that her tax bill has been increased by 30% - 35% three times in the last six years and she feels the utility tax increase will be much more equitable than raising taxes. Mrs. Elaine Roberts, CAB member, stated she attended a meeting of the Chamber of Commerce last week. She cited several news- paper articles referring to that meeting and to beautification efforts within the City of Delray Beach. She is willing to pay to have a com- mitted amount of money set aside for beautifying the City. Mrs. Roberts cited articles in last week's News Journal which spoke about Delray Beach missing out on child care funds. Ann Gazurian was quoted as saying that an annual investment of $14,000 could bring into the community $182,000 worth of State and Federal assistance for the Title 20 program which would produce jobs for child care workers and free parents of preschool children. She is recommending approval of the utility tax and money for child care. Mrs. Jeanette Slavin, Rainberry Bay, added that there are 325 preschool children getting child care in Delray Beach. The City of Delray Beach has never contributed one penny. There are 91 children on a waiting list to get child care. They are requesting that $30,000 be budgeted for child care; that would bring in $210,000 from the combined State/Federal governments. They could then take care of their child care needs in the City. Upon question by Council, she advised that there is a center on Atlantic Avenue and #441. Mr. Harry Lipert stated he is Executive Director of Florence Fuller Central Agency which contracts with the State for all child care slots in the South County. They subcontract with various child care centers in the area. Delray Beach happens to be their biggest group of slots in the entire South County area. In order for Delray Beach to get 100% funding in the amount of $760,658, there has to be a local match of 12%. This year that will require $95,082 which has already been com- mitted for by many people, churches, the County, Catholic Service Bureau and some child care workers. The City has not contributed one penny to it. He asked Council to consider a gener~ous contribution to the child care efforts. The public hearing was closed. Mr. Bird moved for the adoption of Resolution No. 72-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; Mayor Campbell - No. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Bird, in response to the gentleman who asked Council to reduce his taxes, advised that as they reduce at the Federal level, it puts pres- sure on the State which responds by cutting back, putting pressure on the County. The City is the end of the line. Next year their total revenues will be reduced by $375,000 as the Federal government cuts their budget. The item they are cutting is Federal Revenue Sharing which comes to the City to spend on behalf of the citizens. Secondly, the tax increase was made up of a bond, primarily, which the people voted for. They increased their millage by 0.27; the people voted for 0.4. So Council did not raise the millage as much as the voters au- thorized. Finally, with regard to the utility bill increase, as a businessman his average electric bill is $1800 per month, so you can guess which side he is on. Mayor Campbell stated he felt that they could have balanced this budget without this increase in the millage rate. He respects the positions of his colleagues; however, he will have to vote no on the resolution. - 3 - 09/10/85 At this point the roll was called to the motion. 6. A Public Hearing was held on the Federal Revenue Sharing 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 City Manager explained that the City is scheduled to receive $375,000 for revenue sharing this fiscal year. The budget breaks it down primarily for use in the Police Department; with $373,000 assigned to the Police Department and $2,000 assigned to Finance Admini- stration. The public hearing was closed. 7. Tentatively Levying Appropriations for the 1985/86 Budget. Resolution No. 73-85, relative to making tentative appropriations of sums of money for all necessary expenditures of the City from October 1, 1985 to September 30, 1986, 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. 73-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF OCTOBER, 19 85, TO THE 30TH DAY OF SEPTEMBER, 1986; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH' RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (Copy of Resolution No. 73-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. 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 5each, Florida. The public hearing was closed. 5~r. Bird moved for the adoption of Resolution No. 73-85, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; 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 that he has clearly heard the desires of the people. He supports a beautification program but feels it should be a line item in the budget. He feels they have sufficient money this year for a beauti- fication program without any additional taxation. Council went along with part of his suggestions during budget sessions and saved $190,000. Council then recommended an increase of $58,000 which left a surplus of $132,000. he feels that their reserve with 15% is in a healthy condi- tion this year and that they can afford to take out $118,000 leaving 14% in reserve, still healthy. Adding that $118,000 to the $132,000 they saved, they will have the funds for their beautification program without any additional taxes. Secondly, with regard to child care, Mr. Jackel noted that every dollar they give to Title 20 generates seven more dollars frc~] the State & Federal governments. He recommends the City take the $1500 they were considering giving to a semi-pro football team and put it toward child care. Further, to take the $6,000 which they were considering using for Council expense money and put that toward child care for a total of $7,500 toward child care. Council may want to come up with other ways of generating another $7,500. - 4- 09/10/85 Mr. Bird noted that the child care center on #441 is a long way from their City limits. He is concerned with citizens within the City boundaries who are taxpayers. He would question whether the people want him to spend their money providing child care for migrant farm workers whose residences are to the west of Military Trail. In response to the comment that the City has not spent one penny on child care, he stated that they spent about $37,500 last year on Catherine Strong and have another $25,000 budgeted this year. Finally, they are going to take $500,000 out of their $3,000,000 in reserve this year. If they take additional amounts out of reserve, they will be heading downhill rapidly and next year the insurance rates are not going to moderate any; they will be faced with that same unfunded liability and, in addition, they will lose revenue sharing. Mrs. HOrenburger complimented the City Manager and staff for a job well done on this budget. She agrees with the citizens that a beautification fund is needed; however, not from reserve funds. Those funds are there to keep the City fiscally sound. She has carefully reviewed this budget and is satisfied that they can do a good job of improving their City within its limits. In response to ~]r. Bird's comments, Mr. Weatherspoon advised that there are child care centers within the City limits under the Title 20 program who could have slots if they get the matching funds. With regard to Mr. Jackel's comments, he feels they should help people of all ages. The age group for that semi-pro football team is 17 to 26 and organized sports will provide something for people of that age group to do which he feels is important also. As Mr. Jackel suggested, he would be in favor of taking funds from the reserve fund in order to support the beautication program the Mayor is proposing. At this point, he is not supporting the utility tax increase. He complimented the City Manager and staff for a job well done on the budget. Mayor Campbell stated that he does not think it is a serious increase; however he was opposed to it and will vote no. While he might be willing to take from reserves somewhat, he feels they will have a dangerous situation next year. Mr. Jackel stated that unless the line item for beautifi- cation is taken out of the budget his vote will be no. At this point the roll was called to the motion. With regard to child care, F~rs. Rosetta Rolle advised that they do have slots for Title 20 children within the City limits. 8.a.1. ~]r. Sam Rosenbaum, 3130 N.W. 10th Place, stated that he has a copy of the June 10, 1985 and September 3, 1985 inspection reports on the golf course. He finds that Mr. House was given recommendations on improving the golf course which he did not follow up on. He feels that the answer is for Council to get Mr. HOuse to live up to the contract he signed. The reports from the USGA show that he has not. ~ayor Campbell stated that Council will be considering the report in light of the contract and will get back to Mr. Rosenbaum at a later time. 8.b.1. hr. Weatherspoon stated that the Daughters of Zion Seventh Day Adventist Church at 201 N.W. 3rd Avenue has issued an invitation to Council and the public to attend their vestal service on Friday, Septem- ber 13th at 7:30 P.~i in recognition of the area youth, pathfinders and Boy Scouts. The guest speaker will be Clarence Hodges, Assistant Secre- tary of State and Director of Equal Opportunity and Civil Rights. 8.b.2. Mr. Weatherspoon asked staff to look into the intersection at S.W. 8th Avenue and S.W. 2nd Street. That intersection has had more frequent accidents recently. 8.a.1. In response to Mr. Rosenbaum, Mr. Weatherspoon stated that one reason they have not addressed the golf course reports is because they have a stack of backup materials to review. Mrs. HOrenburger added that staff is working very hard on the issue of the golf course. Mr. Jackel stated that he has worked hard with the Golf Manager and the City Manager and he expects to see results before the 1st of the year. - 5 - 09/10/85 8.b.3. Mr. Jackel recommended that Council look into the matter of child care for after school youngsters between the ages of 7 and 11 attending elementary school. With working parents, these children come home from school and receive little or no attention. This is a dan- gerous situation and he feels this City can afford a program such as this. They could use the Delray Elementary School. Fir. Weatherspoon advised that they are currently supporting a program of that nature through the funds they contribute to the CAC. 8.b.4. Mayor Campbell presented a proclamation proclaiming the week of September 17 - 23, 1985 as "Constitution Week" in Delray Beach. ~]ayor Campbell left the Council Chambers at this time and Vice-Mayor Horenburger took the chair. 8.c.1. The City Attorney advised that Resolution No. 77-85, as- sessing the cost under the unsafe building code against a particluar piece of property, has been distributed to Council today and is before Council for consideration. The City Manager presented Resolution No. 77-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 9 , ARTICLE XIII OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR PROVIDING CERTAIN PREVENTATIVE ACTION TO B~ TAKEN IMMEDIATELY AND WITHOUT NOTICE TO PREVENT INJURY UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH PREVENTATIVE ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 77-85 is on file in the official Resolution Book) The City Attorney read the caption of the resolution. Mr. Jackel moved for the adoption of Resolution No. 77-85, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Vice-Mayor HOrenburger - Yes; Said motion passed with a 4 to 0 vote. 8.d. There were no Non-Agenda Items by the City Manager. 9. Mr. Jackel moved for agenda approval, seconded by Mr. Bird. Vice-Mayor Horenburger declared a recess at this time, the time being 8:40 P.M. The meeting reconvened at 8:50 P.M. Mayor Camp- bell returned to his chair. Mr. Bird made a substitute motion to move Item 11 from the Consent Agenda to be the first item on the Regular Agenda, Items 41, 42, 49, 50 and 51 to follow Item 11 and then the regular agenda go in order, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; ~4ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. PUBLIC HEARING 10. Proposed Sale of City Property. Council is to consider the proposed sale of approximately 2.55 acres located at the southeast corner of the intersection of Homewood Boulevard and Atlantic Avenue. Prior to consideration of this item, a public hearing has been scheduled to be held at this time. - 6- 09/10/85 The City Attorney reported that the purchase price offer is $135,000. He recommends that Council not agree to Condition #1 of the addendum to the contract which is the conditional use approval. They can live with the other two conditions provided the applicant knows that the City is only going to seek the abandonment and no other aspects of land preparation. The purpose of the public hearing is to hear input from the public and to receive other offers, if any. 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. Dick Eckerle, representing Woodlake, stated that their community has no objection to this. The public hearing was closed. Mr. Bird moved to accept the offer subject to limitations outlined by the City Attorney, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; 51r. 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. Weatherspoon asked if the easement item has been taken care of. The City Attorney replied that his position is that they can institute the abandonment but any site preparation or movement of utilities would be at the purchaser' s expense. The City Manager added that there are utilities going through that area. Upon question by Mayor Campbell, Mr. Bill Koch, representing the purchaser, stated that they would prefer to have the conditional use in the contract but will go along with Council's wishes. At this point the roll was called to the motion. CONSENT AGENDA 12. Request for Solicitation of Funds - League of Women Voters of South Palm Beach County, Inc. Council is to consider a request to solicit funds from November 4 through November 15, 1985. Approval is recommended. 13. Nuisance Abatement. Resolution No. 71-85, assessing costs of abating nuisances in accordance with Section 13-13 on 10 parcels, is before Council for consideration. The caption of Resolution No. 71-85 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACh, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCLS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 71-85 is on file in the official Resolution Book) Mrs. Horenburger moved for approval of the Consent Agenda, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; 51ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 7- 09110185 REGULAR AGENDA 11. Contract for Beach Cleaning Services. Council is to con- sider authorizing execution of a contract between the City and Universal Beach Services Corporation for beach cleaning and authorizing negoti- ation of a price to pick up trash containers on the Beach. Approval is re c omme nded. The City Attorney clarified that the contract Council has is acceptable to the administration; however, there were two modifications. One is a request to lower the amount of liability insurance they re- quested from $1,000,000 to $500,000 which is all they could get. Sec- ondly, the annual fee for cleanup of the refuse containers four times a week with an annual fee of $5,000 will be an inclusion into the con- tract. Since they will be cleaning the beach five days a week anyway, Mrs. Horenburger suggested having the refuse containers done five times a week as well. The City Manager stated the proposal was for a minimum of four days a week and he is sure they will aim it at the weekends in particular. The City Attorney stated if it is Council's desire, they will request that the contract state five days a week; the majority of Council concurred. Discussion was had relative to the cost of having it done by the City vs. by a contractor. The City Manager felt they are getting the most for their money with this contract. ~rs. Matthews requested that the contract specify that one of those five pickup days be Sunday. The City Manager stated that would be no pr oblem. Mr. Bird moved for approval subject to an additional day of pickup and to specify Sunday, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird- Yes; Mrs. Horenburger- Yes; Fir. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell- Yes. Said motion passed with a 5 to 0 vote. Mr. Bird left the Council Chambers at 9:05 P.M. 41. Ordinance No. 94-85 - Zoning Ordinance Amendment- Creating PRD-L Zoning District. Ordinance No. 94-85, amending Chapter 30 "Zon- ing'' of the Code of Ordinances to create a new zoning district PRD-L to provide a residential zoning district with flexible low density and permitting multiple family and detached single family homes to be de- veloped together, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 24th. The City ~mnager presented Ordinance No. 94-85: 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 ENACTING A NEW SECTION 30-8.4, "PRD-L, LOW TO MEDIUM DENSITY PLANNF;D RESIDENTIAL DEVELOPMENT DISTRICT"; AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CON- DITIONAL USES"; (D) "DENSITY, SITE AREA, LOT DIMENSIONS"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "BUILDING HEIGHT"; (I) "PARKING AND LOADING REGULATIONS"; (J) "WALLS AND FENCES"; (K) "LANDSCAPING"; (L) "SIGNS"; (M) "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS"; (N) "MINIMUM SPACING BETWEEN BUILDINGS"; (O) "SPECIAL SETBACK PROVISIONS"; (P) "SUP- PLE~]ENTARY REGULATIONS"; (Q) "SITE AND DEVELOPMENT PLAN APPROVAL"; (R) "SPECIAL REGULATIONS", TO INCLUDE GENERAL STANDARDS, BUILDING DESIGN STANDARDS, LANDSCAPE DESIGN STANDARDS , OPEN SPACE DESIGN STANDARDS, CIRCULATION SYSTEM DESIGN STANDARDS, PARKING AND LOADING DESIGN STANDARDS, AS WELL AS STANDARDS FOR THE MEASUREMENT OF SETBACKS, ACCESSORY BUILDINGS AND STRUCTURES, SWIMMING POOLS, FRONTAGE ON CURVING STREETS AND CUL-DE-SACS, AND - 8- 09/10/85 SCREENED ENCLOSURES; PROVIDING FOR (S) "PARK AND RECRE- ATIONAL LAND DEDICATION"; (T) "PERFORMANCE STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 94-85 on First Reading, seconded by Mrs. HOrenburger. Upon roll call Council voted as follows: ~lrs. HOrenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 42. Ordinance No. 95-85 - Zoning Ordinance Amendment - Creating PRE~Fi Zoning District. Ordinance No. 95-85, amending Chapter 30 "Zon- ing'' of the Code of Ordinances to create a new zoning district PRD-M to provide a residential zoning district with flexible medium density and permitting multiple family and detached single family homes to be de- veloped together, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 24th. The City Manager presented Ordinance No. 95-85: 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 ENACTING A NEW SECTION 30-8.5, "PRD-M, MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT"; AND PROVIDING (A) "PURPOSE"; (B) "PERMITTED USES"; (C) "CONDITIONAL USES"; (D) "DENSITY, SITE AREA, LOT DIMENSIONS"; (E) "AGGREGATE FLOOR AREA"; (F) "BUILDING SETBACKS"; (G) "GROUND FLOOR BUILDING AREA"; (H) "BUILDING HEIGHT"; (I) PARKING AND LOADING REGULATIONS"; (J) "WALLS AND FENCES"; (K) "LANDSCAPING"; (L) "SIGNS"; (M) "TOWNHOUSES AND TOWNHOUSE DEVELOPMENTS"; (N) "MINIMUM SPACING BETWEEN BUILDINGS"; (O) "SPECIAL SETBACK PROVISIONS"; (P) "SUP- PLEMENTARY REGULATIONS"; (Q) "SITE AND DEVELOPMENT PLAN APPROVAL"; (R) "SPECIAL REGULATIONS", TO INCLUDE GENERAL STANDARDS, BUILDING DESIGN STANDARDS, LANDSCAPE DESIGN STANDARDS, OPEN SPACE DESIGN STANDARDS, CIRCULATION SYSTEM DESIGN STANDARDS, PARKING AND LOADING DESIGN STANDARDS, AS WELL AS STANDARDS FOR THE MEASUREMENT OF SETBACKS, ACCESSORY BUILDINGS AND STRUCTURES, SWIMMING POOLS, FRONTAGE ON CURVING STREETS AND CUL-DE-SACS, AND SCREENED ENCLOSURES; PROVIDING FOR (S) "PARK AND RECRE- ATIONAL LAND DEDICATION"; (T) "PERFORMANCE STANDARDS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 95-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mrs. Horenburger - Yes; Mr. Jackel- Yes; Mr. Wea- therspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird returned to the meeting at this time. 49. Ordinance No. 102-85 - Zoning Ordinance Amendment - PCC Zoning District. Ordinance No. 102-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-15.2, PCC (Planned Com- merce Center) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 102-85: 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 REPEALING SECTION 30-15.2, "PCC PLANNED COMMERCE CENTER DISTRICT", AND ENACTING A NEW SECTION 30-15.2, - 9 - 09/10/85 "PCC, PLANNED COMMERCE CENTER DISTRICT", WHICH PROVIDES (A) "PURPOSE"; (B) "DEFINITION"; (C) "DEVELOPMENT AP- PROVAL PROCESS"; (D) "GENERAL USE AREAS AND PERMITTED USES"; (E) "CONDITIONAL USES"; (F) "USES PROHIBITED"; (G) "SITE AREA AND LOT DIMENSIONS"; (H) "BUILDING SETBACKS"; (I) "GROUND FLOOR BUILDING AREA"; (J) "TOTAL FLOOR AREA"; (K) "BUILDING HEIGHT"; (L) "PARKING AND LOADING"; (M) "DISTRICT BOUNDARY LINES"; (N) "LANDSCAPING AND OPEN SPACE"; (O) "SIGNS"; (P) "SPECIAL REGULATIONS"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 102-85 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. 50. Ordinance No. 103-85 - Zonin~ Ordinance Amendment - POC District. Ordinance No. 103-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-15.3, POI (Professional, Office and Institutional) District to establish a new POC (Planned Office Center) District, and necessary amendments to the definition section of the zoning code, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Attorney advised that there have been changes to pages 3 and 6 of Ordinance No. 103-85. The City Manager presented Ordinance No. 103-85: 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 30-15.3, "POI PROFESSIONAL, OFFICE, AND INSTITUTIONAL DISTRICT", BY CHANGING THE NAME OF THE ZONING DISTRICT TO "POC, PLANNED OFFICE CENTER"; BY A~ENDING SUBSECTION (A) "PURPOSE", TO INCLUDE WITHIN THE PURPOSES OF THE ZONING DISTRICT THE INTENT THAT SUCH DEVELOPMENTS CONSIST OF PLANNED UNIFIED COMPLEXES; BY ENACTING A NEW SUBSECTION (B) "DEFINITIONS", TO PROVIDE A DEFINITION OF PLANNED OFFICE CENTERS; BY AMENDING SUB- SECTION (B) "PERMITTED USES", TO RELETTER THE SUBSECTION AS (C) AND TO INCLUDE MEDICAL AND DENTAL LABORATORIES AS A PERMITTED USE; BY AMENDING SUBSECTION (C) "CONDITIONAL USES", TO RELETTER THAT SUBSECTION TO (D) AND TO INCLUDE AS CONDITIONAL USES: DAY CARE CENTERS, KINDERGARTENS, NURSERY SCHOOLS, AND OTHER PRESCHOOL FACILITIES AS WELL AS RESIDENTIAL ALL-SUITE LODGING; BY AMENDING SUBSECTION (D) "LOT DIMENSIONS AND SITE AREA", TO RELETTER THAT SUBSECTION TO (E) AND TO PROVIDE CERTAIN MINIMUM PARCEL SIZES AND LOT SIZES WITHIN THE ZONING DISTRICT; BY AMEND- ING SUBSECTION (E) "BUILDING SETBACKS", TO RELETTER THAT SUBSECTION TO (F) AND TO REQUIRE A TWENTY-FIVE (25) FOOT SETBACK WHERE PROPERTY ABUTS RESIDENTIAL ZONING DISTRICTS AND TO REQUIRE LANDSCAPING WITHIN THE SETBACKS; BY AMEND- ING SUBSECTIONS (F) THROUGH' (J) TO RELETTER THOSE SUBSEC- TIONS TO (G) THROUGH (K); BY REPEALING SUBSECTION (K) "LANDSCAPING", AND ENACTING A NEW SUBSECTION (L) "LAND- SCAPING AND OPEN SPACE", WHICH REQUIRES TWENTY-FIVE (25) PERCENT OF THE SITE TO BE NON-VEHICULAR OPEN SPACE AND TO BE LANDSCAPED; BY AMENDING SUBSECTION (L) "SIGNS", TO RELETTER IT TO SUBSECTION (M) "SIGNS"; BY AMENDING SUB- SECTION (M) "SPECIAL REGULATIONS", BY RELETTERING IT TO SUBSECTION (N), AND BY PROVIDING SPECIAL REGULATIONS FOR RESIDENTIAL ALL-SUITE LODGING; PROVIDING A GENERAL RE- PEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 10 - 09/20/85 The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 103-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: ~Ir. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 51rs. HOrenburger left the Chambers at this time. 51. Ordinance No. 104-85 - Zonin~ Ordinance Amendment - LC Zonin~ District. Ordinance No. 104-85, amending Chapter 30 "Zoning" of the Code of Ordinances relative to Section 30-13.1, LC (Limited Com- mercial) District, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 104-85: AN ORDINANC5 OF TRE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE COD~ OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-13.1, "LC LIMITED COMMERCIAL DISTRICT" , BY A~ENDING SUBSECTION (A) , "PURPOSE" , TO ESTABLISH CERTAIN STANDARDS FOR THE LC LIMITED COMMERCIAL DISTRICT; BY A~ENDING SUBSECTION (B), "PERMITTED USES", BY PROVIDING FOR DRY CLEANING, LIMITED TO 1500 SQUARE FEET, DRY CLEANING PICK-UP STATIONS, HOME FURNISHINGS, TRAVEL AGENCIES, AND TV SALES AND REPAIR USES, AND BY DELLTING COCKTAIL LOUNGES, BARS, AND PACKAGE LIQUOR STORE USES; AND BY AMENDING SUBSECTION (C), "CONDITIONAL USES", BY PROVIDING FOR COCKTAIL LOUNGES AND BARS TO PROVIDE SUFFICIENT INGRESS AND EGRESS, AND BY PROVIDING FOR GASOLINE SERVICE STATIONS, EXCEPTING THAT NO GAS STATIONS SHALL BE PERMITTED IN THE GEOGRAPHICAL AREA PRESENTLY LOCATED ON EAST ATLANTIC AVENUE BOUNDED ON THE WEST BY THE INTRACOASTAL WATERWAY AND ON THE EAST BY THE ATLANTIC OCEAN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DAT E. The City Attorney read the caption of the ordinance. Mrs. HOrenburger returned to her chair at this time. Mr. Bird moved for adoption of Ordinance No. 104-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird- Yes; Mrs. Horenburger abstained; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 14. Acceptance of Temporary and Permanent Easement Deeds for Water Transmission Line. Council is to consider acceptance of a tem- porary 30 foot and a permanent 15 foot easement for the installation underground of a transmission water main along the north side of prop- erty which fronts on 18th Avenue and payment of $6,000 to the property owner. The City Attorney advised that the motion should reflect that the correct amount is $9,250; the agenda amount is incorrect. Mr. Jackel moved to accept the temporary and permanent ease- ment deeds for the water transmission line purposes on the property as located with the amount of compensation being $9,250 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. 15. Appointment - Civil Service Board. Council is to consider appointment of Morton Gilday as an alternate member of the Civil Service Board to a term ending July 1, 1987. - 11- 09/10/85 Mr. Bird moved for appointment of Morton Gilday as an alter- nate member of the Civil Service Board to a term ending July 1, 1987, 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. 16. Appointment - Community Appearance Board. Council is to consider the appointment of Suzanne Bird as a regular member of the CAB to a two-year term ending August 25, 1987. Mr. Jackel moved for the appointment of Suzanne Bird as a regular member of the CAB to a two-year term ending August 25, 1987, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird abstained; Mrs. Horenburger- Yes; Mr. Jackel- Yes; Mr. Weath- erspoon - Yes; hayor Campbell - Yes. Said motion passed with a 4 to 0 vote. 17. Site Plan Approval - Commercial Buildin~ (U.S. No. 1). Council is to consider a request for site plan approval for 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. The Planning and Zoning Board approved this by a vote of 6-0 and recommended that City Council approve the site plan subject to conditions 2 through 9 of the Planning Department' s memorandum of August 20, 1985 as follows: 2. Show legal access to the F.I.N.D. parcel (Engineering Division's memorandum of May 16, 1985). 3. Provide a fire hydrant located at a maximum of 250 feet road travel from the building (Fire Marshal's memorandum of January 5, 19 85). 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 artificial 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 con- ditions. 9. That the time limitation of this approval be eighteen (18) months pursuant to Section 30-22(E) of the Zoning Code. Mr. Bird moved for approval of the site plan, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: ~ir. Bird- Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 18. Conditional Use Approval - Corporate Tech Center Office Building. Council is to consider a request for conditional use approval for Corporate Tech Center Office Building, a proposed 43,250-square foot office development, located at the northeast corner of Congress Avenue and the C-15 Canal. In its memorandum of August 23, 1985, the Planning Department recommended that City Council continue consideration of this conditional use until September 24, 1985. Mayor Campbell stated that since they are waiting for a traffic report from the Land Use Advisory Committee and since they only have to vote on this once, he recommends they postpone it until Sep- tember 24th. ~r. Bird moved to postpone this item until September 24th, seconded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weath- erspoon - Yes; ~layor Campbell - Yes. Said motion passed with a 5 to 0 vote. - 12- 09/10/85 Before roll call the following discussion was had: Upon question by Mr. Weatherspoon, Mayor Campbell advised that he recommended the postponement so they can get the information they need. Council had indicated that changes of this nature would not be made without those reports. For the record, Mr. Bird stated that he does not intend to favor this application because he feels the need in this City is for jobs under a Light Industrial designation; they already have 20-30 acres in that area designated for offices across the street. At this point the roll was called to the motion. 19. Water Service Agreement - Danilo Giamberini. Council is to consider execution of a water service agreement for a 46-acre parcel located at the southeast corner of West Atlantic Avenue at Whatley Road. The parcel is zoned CG (General Commercial) in the County and is desig- nated SF-Single Family in the City's Land Use Plan. The Planning & Zoning Board approved this by a vote of 6-0, subject to CAB approval and the following conditions: (1) A 6 foot wall or a 4½ foot hedge (at time of installation) should be incorporated along the eastern and southern property lines. (2) Dumpster must be screened and placed on a concrete drainage sump with a hose bib. (3) Parking lot should be screened by a 4 foot hedge from public right-of-way. (4) All landscaped area should be irrigated. (5) Use signs to indicate the one-way traffic flow. (6) A five (5) foot landscape strip will be required along the entire property line abutting Whatley Road. (7) Provide a solid tree line along the southern property line, with trees planted 20' on center. Mr. Bird stated he saw a considerable amount of land clear- ing going on immediately to the east of this as he passed by today. He hopes they can get a handle on whatever it is the County is allowing out there before they are faced with a completed building. He suggested that the City enter into an agreement with the County whereby if there is a water requirement that prior to the County granting zoning or site approval that the City have an opportunity to review it and make com- ments. hayor Campbell suggested that they formally request the County to undertake a study to rezone all of their property to conform with the City's Land Use Plan; particularly their vacant lands. Mr. Bird moved to formally ask the Board of County Com- missioners to rezone all parcels of land lying within the reserve an- nexation area in the City of Delray Beach to a land use designation which most closely approximates that of the City of Delray Beach, sec- onded by Mrs. Horenburger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weather- spoon - Yes; ~ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Weatherspoon moved for approval of the water service agreement subject to the conditions outlined by 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; ~'~ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mr. Bird asked Mr. Cohn to find out what is being done on the land immediately east of this and to report back to Council. - 13- 09/10/85 20. Annexation Request - Northwest Corner of Linton Boulevard and S.W. 4th Avenue (Eisen). Resolution No. 64-85, requesting permis- sion from the Palm Beach County Board of Commissioners to annex a 0.52- acre parcel, subject to POI (Professional, Office and Institutional) District, is before Council for consideration. The City Manager presented Resolution No. 64-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMSII SSIONERS, PURSUANT TO FLORIDA STATUTES 171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RH'RESIDEN- TIAL HIGH DENSITY, TO THE CITY'S ZONING CLASSIFIVATION POI (PROFESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT. (Copy of Resolution No. 64-85 is on file in the official Resolution Book) The City Attorney advised that this will probably be the last resolution of this type that Council will see. The new Growth Management Bill does not require them to do this anymore. Mrs. Horenburger moved for the adoption of Resolution No. 64-85, 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. 21. Ordinance No. 73-85 - Changing the City's Land Use Plan Designation (Eisen). Ordinance No. 73-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 0.52- acre parcel from MF-10-Multiple Family to POI Professional, Office and Institutional, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City ~anager presented Ordinance No. 73-85: AN ORDINANCe. OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE CO~]PREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH', RANGE 43 EAST FROM MF-10- MULTIPLE FA~IILY TO POI PROFESSIONAL, OFFICE, AND INSTI- TUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 73-85 on First 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. Before roll call the following discussion was had: Mr. Bird felt that this ordinance and Ordinance No. 103-85 were at odds; that the land requirement in Ordinance No. 103-85 would not be met by this appli- cation. Mr. Cohn replied that is correct; they are proposing that other surrounding properties be amended to an office designation. This prop- erty by itself could not be developed under that zoning ordinance. Mr. Bird stated he will vote yes tonight but in fairness to the applicant he feels that Council should suggest to him that he might more properly be included in the land use change which will occur virtually immediately so that he will have an opportunity to qualify under the POC ordinance. At this point the roll was called to the motion. - 14- 09/10/85 22. Ordinance No. 72-85 - Eisen Annexation. Ordinance No. 72-85, annexing a 0.52-acre parcel subject to POI (Professional, Office and Institutional) zoning district, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue, is before Council for considera- tion on First Reading. If passed, Public Hearing will be held October 8th. The City Manager presented Ordinance No. 72-85: 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 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND S.W. 4TH 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. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 72-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; ~lr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 23. Ordinance No. 78-85 - Chan~in~ the City's Land Use Plan Designation (Sands O'Sea Subdivision-Garfield). Ordinance No. 78-85, relative to changing the City's Land Use Plan Designation in the Compre- hensive Plan for a 2.117-acre parcel from SF-Single Family to C-Com- mercial , located at the northwest corner of Linton Boulevard and S.W. 10th Avenue, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 78-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE C05]PREHENSIVE PLAN FOR LOTS 27 THROUGH 30, INCLUSIVE, AND LOTS 43 THROUGH' 46, INCLUSIVE, LESS THE SOUTH 23 FEET THEREOF, SANDS O'SEA SUBDIVISION, AN ADDI- TION TO THE COUNTY OF PALM BEACH', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM SF-SINGLE FA~iILY TO C-COS~MERCIAL; 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. 78-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~Ir. 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: Upon question by Mr. Weatherspoon, Mr. Bird advised that it is his under- standing that this parcel will be compatible with an abutting piece and will satisfy the acreage requirement. Mr. Cohn noted that on both Items 23 and 24, they advertised a change to Commercial. In fact, their intent is for this area to be zoned into the new POC District and the Planning and Zoning Board recommends approval of the POC rather than Commercial. Mr. Bird suggested sticking with Commercial at this time and when they do the rezoning, zone it POC over a C land use designa- tion. Further, since part of the land they will be addressing later is going to be SC once a road realignment occurs, it would only require them to do one land use change. - 15- 09/10/85 At this point the roll was called to the motion. 24. Ordinance No. 79-85 - Chan~in~ the City's Land Use Plan Designation (Sands O'Sea Subdivision- Tradewinds). Ordinance No. 79-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for Lots 1 through 26, inclusive and Lots 47 through 52, inclusive from SF-Single Family to C-Commercial, located north of Linton Boulevard between Germantown Road and S.W. 10th Avenue, is before Council for consideration on First Reading. If passed, Public H~aring will be held September 24th. The City 5~nager presented Ordinance No. 79-85: 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 1 THROUGH' 26, INCLUSIVE, AND LOTS 47 THROUGH' 52, INCLUSIVE, SANDS O'SEA SUBDIVISION, AN ADDITION TO THE COUNTY OF PALM BEACH', ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 27, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THE LAND SHOWN AS QUEENS AVENUE AND PRINCESS BOULEVARD WHICH ABUTS THE FOREGOING LOTS IN THE SANDS O'SEA SUBDIVISION, AND TOGETHER WITH THAT TRIANGULAR PARCEL OF LAND BOUNDED BY GERMANTOWN ROAD ON THE WEST, LINTON BOULEVARD ON THE SOUTH AND LOT 52, SANDS O'SEA SUBDIVISION ON THE EAST, FROM SF-SINGLE FAMILY TO C-COMMERCIAL; 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. 79-85 on First Reading, seconded by ~]r. 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. 25. Ordinance No. 80-85 - Chan~in~ the City's Land Use Plan Designation (Lake Ida Commerce Center). Ordinance No. 80-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 49.95-acre parcel from MF-10-Multiple Family to PCC-Planned Commerce Center, located at the northeast corner of Congress Avenue and Lake Ida Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 80-85: 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 PARCELS OF LAND IN SECTIONS 7 AND 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH' COUNTY, FLORIDA, FROM MF-10-MULTIPLE FAMILY TO PCC-PLANNED COMMERCE CENTER. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 80-85 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. 26. Ordinance No. 81-85 - Lake Ida Commerce Center Rezonin~. Ordinance No. 81-85, relative to rezoning a 49.95-acre parcel from RM-10 (~ultiple Family Dwelling) District to PCC (Planned Commerce Center) District, located at the northeast corner of Congress Avenue and Lake Ida Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. - 16- 09/10/85 The City Manager presented Ordinance No. 81-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT IN PCC (PLANNED COMMERCE CENTER) DISTRICT PARCELS OF LAND LYING IN SEC- TIONS 7 AND 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 81-85 on First Reading with the appropriate conditions as outlined by the Plan- ning Director in the September 5th memorandum, seconded by Mr. Weather- spoon. ~lr. Andy Carlino~ representing the petitioner, stated that Mr. Cohn's memorandum of September 5th not only addresses two conditions but also other conditions attached through the Planning and Zoning Board workshop. There are four conditions that are in question right now. They have a special request with regard to financing which they hope to be closing on two days from now. They are requesting that the First Reading approval be without any conditions with the understanding that they would work out the conditions and attach those agreed upon at Second Reading. Council discussion was had with regard to the request. Mr. Weatherspoon felt it would be false representation to the investors. Mr. Bird noted that their motion only incorporated the September 5th memorandum; the memorandum of August 15th includes a lot of details which the lender should anticipate as well. He feels they are legi- timate development requirements and the lender has the right to know about them. He hopes that the petitioner and staff will resolve them over the next two weeks so they will have all conditions agreed to by Second Reading; however, he is not in favor of extracting any of them now. The City Attorney recommended adopting the ordinance on First Reading including all conditions; he will have less of a problem de- leting conditions on Second Reading than adding them. Mr. Bird made a substitute motion to approve Ordinance No. 81-85 subject to those conditions outlined in the September 5, 1985 memorandum from Robert Cohn to the City 5~nager including as modified those things listed in the August 15, 1985 memorandum to the Planning and Zoning Board (the first seven pages of Council's package), 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, upon question by Mr. Roger Saberson, representing the petitioner, the City Attorney advised that the body of the ordinance itself has no conditions but the motion would fail if the conditions were not met. Mr. Saberson, questioned the time frame on meeting the conditions, and noted a problem with the request for DRI approval. Mayor Campbell explained that although Council is in favor of adopting the ordinance tonight with all the conditions, that does not necessarily mean they agree with all the conditions. They will look at all of them carefully and decide which ones need to be deleted on Second Reading. ~lr. Bird stated that it is his understanding that the peti- tioner made some agreements with interested parties in the area regard- ing uses, intensities, etc. In the conditions Council is addressing, he asked if those things are covered. Mayor Campbell asked staff to look into that prior to Second Reading. Upon question by Mr. Jackel, Mr. Cohn advised that this is in conformance with the new PCC regulations. At this point the roll was called to the motion. - 17- 09/10/85 27. Ordinance No. 82-85 - Changing the City's Land Use Plan Designation (Old Harbor Office and Bank Facility II). Ordinance No. 82-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 9.94-acre parcel from MF-6-Multiple Family to C-Commercial , located at the southeast corner of U.S. No. 1 and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 82-85: 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 OLD HARBOR OFFICE AND BANK FACILITY, AS RECORDED IN PLAT BOOK 42, PAGE 61, AND OLD HARBOR OFFICE AND BANK FACILITY II, AS RECORDED IN PLAT BOOK 42, PAGE 62, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-6 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED AT THE SOUTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 82-85 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. 28. Ordinance No. 83-85 - Old Harbor Office and Bank Facility II Rezonin~. Ordinance No. 83-85, relative to rezoning a 9.94-acre parcel from SAD (Special Activities District) to LC (Limited Commercial) Dis- trict, located at the southeast corner of U.S. No. 1 and Linton Boule- vard, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 83-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN LC (LIMITED COMMER- CIAL) DISTRICT, OLD HARBOR OFFICE AND BANK FACILITY, AS RECORDED IN PLAT BOOK 42, PAGE 61, AND OLD HARBOR OFFICE AND BANK FACILITY II, AS RECORDED IN PLAT BOOK 42, PAGE 62, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 83-85 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, Mr. Bird asked if this is the amended LC. The City Attorney replied that is correct. Mayor Campbell stated he is not in favor of any changes to the SAD District there. Mrs. Horenburger asked how many new uses this will add to the project. Mayor Campbell suggested passing it on First Reading and looking into that. At this point the roll was called to the motion. 29. Ordinance No. 84-85 - Chan~in~ the City's Land Use Plan Designation (Old Harbor Plaza). Ordinance No. 84-85, relative to chang- ing the City's Land Use Plan Designation in the Comprehensive Plan for a 6.59-acre parcel from MF-15-Multiple Family to C-Commercial, located at the northeast corner of U.S. No. 1 and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. - 18- 09/10/85 The City Manager presented Ordinance No. 84-85: 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 OLD HARBOR PLAZA, AS RECORDED IN PLAT BOOK 42, PAGE 60, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORN~.R OF U.S. NO. 1 AND LINTON BOULEVARD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 84-85 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. 30. Ordinance No. 85-85 - Old Harbor Plaza Rezonin~. Ordinance No. 85-85, relative to rezoning a 6.59-acre parcel from SAD (Special Activities District) to LC (Limited Commercial) District, located at the northeast corner of U.S. No. 1 and Linton Boulevard, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 24th. The City Manager presented Ordinance No. 85-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES) DISTRICT IN LC (LIMITED COMMER- CIAL) DISTRICT OLD HARBOR PLAZA, AS RECORDED IN PLAT BOOK 42, PAGE 60, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF U.S. NO. 1 AND LINTON BOULEVARD AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 85-85 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. 31. Annexation Request - North Side of L-33 Canal between Davis Road and High Point of Delray (Temple Gardens). Resolution No. 75-85, requesting permission from the Palm Beach County Board of Commissioners to annex a 22.57-acre parcel from SF Single Family to MF-10-~Multiple Family, is before Council for consideration. The City Manager presented Resolution No. 75-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMSIISSIONERS, PURSUANT TO FLORIDA STATUTES 171. 062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION RM-RESIDEN- TIAL MEDIUM DENSITY, TO THE CITY'S ZONING CLASSIFICATION R~]-10 (MULTIPLE FA~IILY DWELLING) DISTRICT. (Copy of Resolution No. 75-85 is on file in the official Resolution Book) Mr. Jackel moved for the adoption of Resolution No. 75-85, seconded by Mr. Weatherspoon. 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. - 19 - 09/10/85 32. Ordinance No. 86-85 - Chan~in~ the City's Land Use Plan Designation (Temple Gardens). Ordinance No. 86-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 22.57-acre parcel from SF Single Family to MF-10 Multiple Family, lo- cated on the north side of the L-33 Canal, between Davis Road and High Point of Delray, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 86-85: 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 TRACTS OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH', RANGE 43 EAST, PALM BEACH' COUNTY, FLORIDA, FROM SF-SINGLE FAMILY TO MF-10-MULTIPLE FAMILY. THE SUBJECT PROPERTY IS LO- CATED ON THE NORTH SIDE OF THE L-33 CANAL, BETWEEN DAVIS ROAD AND HIGH POINT OF DELRAY; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 86-85 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 - No. Said motion passed with a 4 to 1 vote. Before roll call, Mr. Bird questioned why this came in as an RM-10. Mr. Cohn replied that the initial applicant indicated that unless he could lock in RM-10, he would not be interested in annexation. This property has a water service agreement with the City that has no mandatory annexation provision. Due to these facts, they somewhat reluctantly went along with the RM-10 request, noting that High Point to the west of this parcel has the same zoning. Mr. Bird stated that he would like to see them get away from the multiplicious zoning cate- gories. If they are going to be having a zoning category that includes 10 which they are planning to use in the future, he would favor sub- stituting it. Mr. Cohn stated that the problem with the RM category was that it would only guarantee 6 or 7 units per acre; RH would give a minimum of 10 but he could petition up to 15. Mayor Campbell questioned how they entered into a water service agreement with no stipulations. The City Attorney replied it was many years ago. Mayor Campbell stated he is opposed to this; he has never voted for an increase in density and he will stick by that. Mr. Tate, petitioner, advised that at the time of this water agreement he gave the City $560,000 with which to build the water tower. At this point the roll was called to the motion. 33. Ordinance No. 93-85 - Temple Gardens Annexation. Ordinance No. 93-85, relative to annexing a 22.57-acre parcel, subject to RM (Multiple Family Dwelling) District, located on the north side of the L-33 Canal, between Davis Road and High Point of Delray, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 8th. The City Manager presented Ordinance No. 93-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH PARCELS OF LAND LYING AND BEING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED ON THE NORTH SIDE OF THE L-33 CANAL, BETWEEN DAVIS ROAD AND HIGH POINT OF DELRAY; REDEFINING THE BOUND- ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR TH~; RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. - 20- 09/10/85 The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 93-85 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 - No. Said motion passed with a 4 to 1 vote. 34. Ordinance No. 87-85 - Changing the City's Land Use Plan Designation (Delray Shores Professional Plaza). Ordinance No. 87-85, relative to changing the City's Land Use Plan Designation in the Com- prehensive Plan for all the units 1-1 through 1-22 and 2-1 through 2-22 from ~iF-10 Multiple Family to POI Professional, Office and Institu- tional, located on the south side of Lake Ida Road between Congress Avenue and Davis Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 87-85: 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 ALL THE UNITS (1-1 THROUGH' 1-22 AND 2-1 THROUGH 2-22) DELRAY SHORES PROFES- SIONAL PLAZA ALSO KNOWN AS 2100 AND 2150 LAKE IDA ROAD, DELRAY BEACH. FORMERLY KNOWN AS PARCEL A, LESS W5 ', OF MCCULLOCH PLAT NO. 1, RECORDED IN PLAT BOOK 45, PAGE 31. A REPLAT OF LOTS 1 THROUGH 7, BLOCK 1, DELRAY SHORES, RECORDED IN PLAT BOOK 24, PAGES 232 AND 233 OF THE PUBLIC RECORDS OF PAL~! BEACH COUNTY, FLORIDA, FROM MF-10 MUL- TIPLE FANCILY TO POI- PROFESSIONAL, OFFICE, AND INSTITU- TIONAL. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND DAVIS ROAD; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DAT E. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 87-85 on First 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. 35. Ordinance No. 88-85 - Delra¥ Shores Professional Plaza Re- zoning. Ordinance No. 88-85, relative to rezoning all units 1-1 through 1-22 and 2-1 through 2-22 from SAD (Special Activities District) to POI (Professional, Office and Institutional) District, located on the south side of Lake Ida Road between Congress Avenue and Davis Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 88-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN POI (PRO- FESSIONAL, OFFICE, AND INSTITUTIONAL) DISTRICT, ALL THE UNITS (1-1 THROUGH 1-22 AND 2-1 THROUGH 2-22) DELRAY SHORES PROFESSIONAL PLAZA ALSO KNOWN AS 2100 AND 2150 LAKE IDA ROAD, DELRAY BEACH. FORMERLY KNOWN AS PARCEL A, LESS W5', OF MCCULLOCH PLAT NO. 1, RE- CORDED IN PLAT BOOK 45, PAGE 31. A REPLAT OF LOTS 1 THROUGH 7, BLOCK 1, DELRAY SHORES, RECORDED IN PLAT BOOK 24, PAGES 232 AND 233 OF THE PUBLIC RECORDS OF PALM BEACH' COUNTY, FLORIDA. SAID LAND IS LOCATED ON THE SOUTH SIDE OF LAKE IDA ROAD BETWEEN CONGRESS AVENUE AND DAVIS ROAD AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. - 21- 09/10/85 Mr. Jackel moved for the adoption of Ordinance No. 88-85 on First 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. 36. Ordinance No. 89-85 - Changing the City's Land Use Plan Designation (Fleming). Ordinance No. 89-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 142.3- acre parcel from SF Single Family to PRD-L Planned Residential Develop- ment - Low Density, located on the north side of the L-31 Canal, between Barwick Road and Davis Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held on September 24th. The City Manager presented Ordinance No. 89-85: 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 AND BEING IN SECTION 12, TOWNSHIP 46 SOUTH', RANGE 42 EAST, FROM SF-SINGLE FA~IILY TO PRD-L PLANNED RESIDEN- TIAL DEVELOPMENT-LOW DENSITY; 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. 89-85 on First Reading, seconded by Mr. Jackel. Mr. Jackel questioned what the correct cap is on the number of homes. The City Attorney replied 496. Mr. Jackel questioned why the memos read 533. Mr. Cohn replied that the memos read approximately 533, with that number to be determined based upon a certified survey of the property and a final determination of density. The best number the Planning Department has at this time is 496 which is what is in the ordinance; however, Mr. Fleming has not yet delivered a certified sur- vey. There is an issue as to whether or not he receives density for the L-31 Canal that runs through his property. Those are issues they hope to resolve prior to Second Reading. Mr. Bird suggested amending Section 3 of the ordinance to show "not to exceed 533 dwelling units" and, subject to those negotiations, they can put in the final figure on Second Reading. Mr. Bird amended his motion to be subject to a change in Section 3 to amend the wording to read "that the maximum density per- mitted on this property is not to exceed 533 dwelling units, and such density. " · . . , 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, Mr. Jackel questioned the change in den- sity. Mr. Cohn replied that after the dedication the density on the net area will go up but the overall density on the entire parcel will stay the same, including the 15 acres. At this point the roll was called to the motion. 37. Ordinance No. 90-85 - Chan~in~ the City's Land Use Plan Designation (Anchorage Trailer Park). Ordinance No. 90-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 9.82-acre parcel from MF-10-~ultiple Family to C-Commercial, located on the east side of U.S. No. 1, between Allen Avenue and Avenue Au Soleil, is before Council for consideration on First Reading. If passed Public Hearing will be held September 24th. The City Manager presented Ordinance No. 90-85: - 22- 09/10/85 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 PARCELS OF LAND LYING AND BEING IN SECTION 9, TONWSHIP 46 SOUTH, RANGE 43 EAST, FROM MF-10 MULTIPLE FAMILY TO C-COMMERCIAL; AMEND- ING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jackel moved for the adoption of Ordinance No. 90-85 on First Reading, seconded by Mr. Weatherspoon. 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. Before roll call, Mr. Weatherspoon questioned the Planning and Zoning Board's position of 3-3 and asked who initiated this. Mr. Bird replied that he initiated it. In order to be fair to the people there and have a commercial use on the property and to encourage them to support the City's annexation request, he felt they needed to show on the Land Use Plan that their use would not suddenly become non-conform- ing. ~lr. Jackel said that he feels this could be developed residen- tially at a future date and would rather see it remain residential. At this point the roll was called to the motion. 38. Ordinance No. 91-85 - Chan~in~ the City's Land Use Plan Des- si~nation (Government Center Complex). Ordinance No. 91-85, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for all of Blocks 37 and 45, together with that portion of S.W. 3rd Avenue lying south of Atlantic Avenue and north of S.W. 1st Street, between Blocks 37 and 45 from R-Recreation and Open Space and C-Commer- cial to P-Public, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 91-85: AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR ALL OF BLOCK 37, CITY OF DELRAY BEACH', FORMERLY LINTON, AS RECORDED IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; ALL OF BLOCK 45, DELRAY BEACH', AS RE- CORDED IN PLAT BOOK 4, PAGE 54, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION OF S.W. 3RD AVENUE LYING SOUTH OF ATLANTIC AVENUE AND NORTH' OF S.W. 1ST STREET, SITUATE BETWEEN SAID BLOCKS 37 AND 45, FROM R-RECREATION AND OPEN SPACE AND C-COMMERCIAL TO P-PUBLIC; AMENDING THE LAND USE PLAN; PROVIDING AN EFFEC- T IVE DAT E. The City Attorney read the caption of the ordinance. Mrs. HOrenburger moved for the adoption of Ordinance No. 91-85 on First 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. 39. Annexation Request - East Side of S.W. 4th Avenue between Linton Boulevard and Southridge Road (Overland Express). Resolution No. 74-85, requesting permission from the Palm Beach County Board of Com- missioners to annex a 1.88-acre parcel, subject to LI (Light Industrial) District, is before Council for consideration. The City Manager presented Resolution No. 74-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PE~4ISSION FROM THE BOARD OF COUNTY COM~IISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY - 23 - 09/10/85 BEACH FROM THE COUNTY ZONING CLASSIFICATION IL-LIGHT INDUSTRIAL, TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 74-85 is on file in the official Resolution Book) ~r. Bird moved for the adoption of Resolution No. 74-85, 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. 40. Ordinance No. 92-85 - Overland Express Annexation. Ordi- nance No. 92-85, relative to annexing a 1.88-acre parcel, subject to LI (Light Industrial) District, located on the east side of S.W. 4th Avenue between Linton Boulevard and Southridge Road, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 8th. The City Manager presented Ordinance No. 92-85: 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 20, TOWNSHIP 46 SOUTH', RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXIST- ING MUNICIPAL LIMITS OF SAID CITY. SAID LAND IS LOCATED ON THE EAST SIDE OF S.W. 4TH AVENUE BETWEEN LINTON BOUL- EVARD AND SOUTHRIDGE ROAD; 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. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 92-85 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. 43. Ordinance No. 96-85 - Annexation- Section 1. Ordinance No. 96-85, relative to annexation of property known as Section 1 and calling for a Referendum Election before the ordinance becomes effective, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 96-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECTION 1" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 96-85 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: ~lr. 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, Mr. Danny O'Brien, President of O'Brien, Suiter and O'Brien, Inc., and affected landowner, stated that he repre- sents approximately 20% of the landowners in Section 1. He is here to request a postponement because the landowners were not notified of the - 24- 09/10/85 City's proposed action and they would like time to study the service plan report so they can determine their position. They have not had an opportunity to sit down and discuss the matter with representatives of the City. ~iayor Campbell stated that the referendum will not take place until November. He would like to see the ordinance passed on First Reading tonight. Mr. Bird stated that the City Manager has a special project person working on this; she could go and meet with the property owners and get them whatever information they need. It is his understanding that every affected property owner will get a copy of the document showing services to be provided, time schedules, etc. At this point the roll was called to the motion. 44. Ordinance No. 97-85 - Annexation - Section 2. Ordinance No. 97-85, relative to annexation of property known as Section 2 and calling for a Referendum Election before the ordinance becomes effective, is before Council for consideration on First Reading. If passed Public Hearing will be held September 24th. The City Manager presented Ordinance No. 97-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CTIY OF DELRAY BEACH', FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECT ION 2" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; 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. 97-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; ~lr. Weatherspoon - Yes; 5~ayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 45. Ordinance No. 98-85 - Annexation - Section 3. Ordinance No. 98-85, relative to annexation of property known as Section 3 and calling for a Referendum Election before the ordinance becomes effective, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 98-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY CERTAIN PARCEL OF PROPERTY; PROVIDING A LEGAL DESCRIPTION OF THE PROPERTY PROPOSED TO BE ANNEXED; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; CALLING FOR A REFERENDUM ELECTION IN THE CITY AND WITHIN THE AREA PROPOSED TO BE ANNEXED; DESIGNATING THIS PROPERTY AS "SECT ION 3" FOR PURPOSES OF THE REFERENDUM ELECTION; DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE REFERENDUM; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. 5ir. Jackel moved for the adoption of Ordinance No. 98-85 on First Reading, 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 advised that the effec- tive date is January 1, 1986. - 25 - 09/10/85 At this point the roll was called to the motion. 46. Ordinance No. 99-85 - Charter Changes- Form of Ballots. Ordinance No. 99-85, relative to Charter changes to Article V "Elec- tions'' of the City Charter to provide for ballots listing City Council offices by seat number, 'is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 99-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING SECTION 5.03 (a) , "FORM OF BALLOTS" , TO PROVIDE FOR BALLOTS LISTING CITY COUNCIL OFFICES BY SEAT NUMBER; AND BY REPEALING SECTION 5.04, "ELECTIONS GENERALLY", AND ENACTING A NEW SECTION 5.04, "ELECTIONS GENERALLY", TO PROVIDE FOR THE NUMBER OF VOTES PER ELECTOR, TO PROVIDE FOR A MAJORITY VOTE TO ELECT PER SEAT NUMBER IN CITY COUNCIL ELECTIONS AND SEPARATELY FOR THE OFFICE OF MAYOR IN THE FIRST NONPARTISAN ELECTION, TO PROVIDE THAT WHEN NO MORE THAN ONE PERSON QUALIFIES AS A CANDIDATE FOR EACH OF THE SEATS FOR CITY COUNCIL OFFICES OR FOR THE OFFICE OF MAYOR THEN AN ELECTION SHALL NOT BE HELD WITR EACH CANDIDATE DEEMED TO HAVE VOTED FOR HIM- SELF/HERSELF, PROVIDING FOR CANDIDATES FOR A SECOND NONPARTISAN ELECTION WHERE NO CANDIDATE HAS RECEIVED A MAJORITY OF THE VOTES CAST IN ANY CITY COUNCIL OFFICE SEAT OR FOR THE OFFICE OF MAYOR, PROVIDING FOR THE CONDI- TIONS WHEN A CANDIDATE EITHER WITHDRAWS OR DIES BEFORE THE SECOND NONPARTISAN ELECTION, AND PROVIDING FOR THE METHOD OF ELECTION IN A SECOND NONPARTISAN ELECTION; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEM- BER 5, 19 85; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. 5ird moved for the adoption of Ordinance No. 99-85 on First Reading, 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. 47. Ordinance No. 100-85 or Alternate - Charter Chan~es - Quali- fications of Candidates. Ordinance No. 100-85, realtive to changes to Article III "Legislative" of the City Charter or to Chapter 2 "Admini- stration'' of the Code of Ordinances (whichever is appropriate) to pro- vide for adding a provision requiring all candidates to the office of Mayor or City Council seats to be a resident of the City on or before September 1st of the year preceding the regular or special election(s), is before Council for consideration on First Reading. If passed, Public hearing will be held September 24th. The City Attorney recommended that Council consider Ordi- nance No. 100-85, relative to changes to Chapter 2 "Administration" of the Code of Ordinances, which does not amend the Charter nor go to the Referendum Election, on First Reading. The City Manager presented Ordinance No. 100-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE II, "ELECTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.22 "QUALIFYING AS A CANDIDATE", BY ADDING PROVISIONS RE- QUIRING THAT ALL CANDIDATES FOR THE OFFICE OF MAYOR OR FOR THE OFFICE OF CITY COUNCIL SEATS SHALL BE A RESIDENT OF THE CITY OF DELRAY BEACH WHO HAS BECOME AN ELECTOR OF THE CITY OF DELRAY BEACH ON OR BEFORE SEPTEMBER 1 OF THE YEAR PRECEDING THE REGULAR OF SPECIAL ELECTION (S); PRO- VIDING A GENERAL REPEALER, PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. - 26- 09/10/85 The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 100-85 on First Reading, seconded by Mrs. H'orenburger. 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. 48. Ordinance No. 101-85 - Charter Changes - Judge of Election and Qualification. Ordinance No. 101-85, relative to changes to Article V "Elections" of the City Charter to insert provisions providing who shall be the judge of the election and the election returns of the office of Mayor and the office of City Council seats, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Attorney stated that both alternatives amend the City Charter. He recommends they consider the one which has the Refer- endum provision because there could be the argument that they are modi- fying the powers of City Council. The City 5~nager presented Ordinance No. 101-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V , "ELECTIONS" , SECTION 5.06 "JUDGE OF ELECTION AND QUALIFICATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO INSERT PROVISIONS PROVIDING THAT THE CITY CLERK SHALL BE THE JUDGE OF THE ELECTION AND THE ELECTION RETURNS FOR THE OFFICE OF MAYOR AND THE OFFICE OF CITY COUNCIL SEAT, AND THAT THE CITY COUNCIL MEMBERS SHALL CONTINUE TO BE THE JUDGE OF TH~ QUALIFICATIONS OF ITS OWN MEMBERS; PROVIDING FOR A REFERENDUM ELECTION TO BF. HELD ON NOVEMBER 5, 1985; PROVIDING A REPEALER; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Schwimer asked who the judge of the election will be. The City Attorney advised that if this ordinance is adopted, the City Clerk will be the judge of the election; currently City Council is. Mr. Bird moved for the adoption of Ordinance No. 101-85 on First 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. Upon question by Mr. Weatherspoon, the City Attorney advised that the City's Charter Revision Committee recommended this change to Council to make the City Clerk solely responsible for carrying out the election and election returns. They had concern that City Council members would become embroiled in a problem over the election and they would be required to rule on problems involving their own election. At this point the roll was called to the motion. 52. Ordinance No. 105-85 - Charter Changes - Definition of Elector. Ordinance No. 105-85, amending Chapter 1 "General Provisions" of the Code of Ordinances adding definition of elector into the defini- tion section and amending the definition of residence, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 105-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH', FLORIDA, BY AMENDING SECTION 1-2, "RULES OF CONSTRUC- TION'', TO INSERT A DEFINITION OF THE WORD "ELECTOR" AS SAME APPEARS IN SECTION 5.01 OF THE CITY CHARTER AND TO - 27- 09/10/85 AMEND THE DEFINITION OF "RESIDENCE" TO PROVIDE THAT THE TERM "RESIDENCE" SHALL BE CONSTRUED TO MEAN THE PLACE ADOPTED BY THE PERSON AS HIS PRIMARY DOMICILE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. ~lrs. Rorenburger moved for the adoption of Ordinance No 105-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: hr. Bird - Yes; Mrs. Horenburger- Yes; Mr. Jackel- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 53. & 54. The City Attorney explained that Ordinance Nos. 106-85 and 107-85 make modifications to the Sections of the Charter dealing with the City's ability to annex property. Based upon some additional re- search done, Council has been provided with a new Ordinance No. 106-85 which takes the place of both the previous 106-85 and the previous 107-85. The changes remain the same; it essentially combines them into one for purposes of devising the ballot question for submission to Referendum. 5~r. Jackel left the Council Chambers at this time. 53. Ordinance No. 106-85 - Charter Chan~es- Corporate Limits. Revised Ordinance No. 106-85, relative to Charter changes to Article II, "Corporate Limits" to provide for deletion of the requirement that property annexed be adjacent to and contiguous and to eliminate refer- ences to contiguity and to insert provisions that annexation shall be by ordinance duly passed or in any other manner provided for by general or special law, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 106-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.02(d), "BOUNDARIES AND TERRITORY OF GREATER DELRAY BEACH AREA", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR DELETION OF THE REQUIREMENT THAT PROPERTY ANNEXED BE ADJACENT TO AND CONTIGUOUS AND PROVIDING THAT SUCH' AN- NEXATION MAY BE DONE IN THE MANNER ALLOWED BY THE CONSTI- TUTION, GENERAL AND SPECIAL LAWS OF THE STATE OF FLORIDA, AS WELL AS THE CITY CHARTER AND TO ARTICLE II, "CORPORATE LIMITS", SECTION 2.03(a), "VOLUNTARY ANNEXATION OF TERRI- TORY BY ORDINANCE", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ELIMINATE REFERENCES TO CON- TIGUITY AND TO INSERT PROVISIONS THAT ANNEXATION SHALL BE BY ORDINANCE DULY PASSED OR IN ANY MANNER PROVIDED BY GENERAL OR SPECIAL LAW; PROVIDING A REPEALER; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 1985; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 106-85 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. HOrenburger- Yes; Mr. Weather- spoon - Yes; ~'Iayor Campbell - Yes. Said motion passed with a 4 to 0 vote. ~lr. Jackel returned to his chair at this time. 54. Ordinance No. 107-85. Mr. Bird moved to delete this item from the agenda, 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. - 28- 09/10/85 Mayor Campbell left the Chambers at this time and Vice-Mayor HOrenburger took the chair. 55. Ordinance No. 108-85 - Charter Changes - Organizational Meeting. Ordinance No. 108-85, relative to Charter changes to Article III "Legislative" to provide that the organizational meeting shall be held immediately following the assumption of office by the Mayor and/or Council Members on the last Thursday in March following their election or on the last Friday in £~arch should the last Thursday in March fall on a legal holiday, is before Council for consideration on First Reading. If passed, Public Hearing will be held September 24th. The City Manager presented Ordinance No. 108-85: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE II, "LEGISLATIVE", SECTION 3.01(b), "COUNCIL-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-~AYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ELIMINATE THE PROVISIONS REQUIRING AN ORGANI- ZATIONAL MEETING IN APRIL OF EACH YEAR TO PROVIDE THAT SUCH ORGANIZATIONAL MEETING SHALL BE HELD IMMEDIATELY FOLLOWING THE ASSUMPTION OF OFFICE BY THE MAYOR AND/OR COUNCIL MEMBERS ON THE LAST THURSDAY IN MARCH FOLLOWING THEIR ELECTION OR ON THE LAST FRIDAY IN MARCH' SHOULD THE LAST THURSDAY IN MARCH FALL ON A LEGAL HOLIDAY; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 108-85 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel- Yes; Mr. Weatherspoon- Yes; Vice-~yor Horenburger - Yes; Said motion passed with a 4 to 0 vote. 56. Industrial Revenue Bonds - Seneca Group. Resolution No. 76-85, being an inducement resolution, authorizing the financing of a warehouse, office and showroom facility for the Seneca Group to be located in the Enterprise Zone and authorizing the Mayor to sign a preliminary agreement for the issuance of Industrial Revenue Bonds, is before Council for consideration. The City 5~nager presented Resolution No. 76-85: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH', FLORIDA, AUTHORIZING THE FINANCING OF A WAREHOUSE, OFFICE AND SHOWROOM FACILITY FOR THE SENECA GROUP TO BE LOCATED IN AN ENTERPRISE ZONE LOCATED IN THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DAT E. (Copy of Resolution No. 76-85 is on file in the official Resolution Book) ~ir. Bird moved for the adoption of Resolution No. 76-85, seconded by Mr. Jackel. The City Attorney explained that there is a contract at- tached to this resolution. Council has been provided with a new page two and the motion should include that. Mr. Bird amended his motion to include a new page two, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Jackel - Yes; Mr. Weatherspoon- Yes; Vice-Mayor Horen- burger - Yes; Said motion passed with a 4 to 0 vote. - 29 - 09/10/85 Vice-Mayor HOrenburger declared the meeting adjourned at 10:45 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 September 10, 1985, which minutes were formally approved and adopted by the City Council on ~~ /~J~ 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. - 30- 09/10/85