Loading...
02-14-84 FEBRUARYi' I~ ~ 1984 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Willard V. Young in the Council Chambers at City Hall at 7:05 P.M., Tuesday, February 14, 1984. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Doak S. Campbell (arrived 7:07 Council Member Arthur Jackel Council Member Edward L. Perry Mayor Willard V. Young Absent - None Also present were - City Manager James L. Pennington and City Attorney Herbert W.A. Thiele. The opening prayer was delivered by Reverend Donald Mackay, Cason United Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. Mr. Bird moved for approval of the minutes of the Regular Meeting of January 24, 1984 and the Special Meeting of February 1, 1984, seconded by Mr. Jackel. Said motion passed with a 4 to 0 vote (hr. Perry abstained as he was not present at the Special Meeting). 5~%1~ Flt~D~gid-C~h~h congratulated Mayor-elect Doak Campbell. 5'~b~l~ ~. Jackel stated that last week the Plannin9& Zoning Board met with the Beautification Committee, Community Appearance Board and others on the subject of the beautification of Linton Boulevard. The County has decided to four-lane Linton Boulevard from Congress Avenue to Military Trail without giving consideration to irrigation lines. The total cost of an irrigation system is approximately $120,000 - $150,000. The immediate cost for a lateral irrigation line, which must be put in now, is approximately $20,000; if they do not do it now the cost later on will be several times that amount. Mr. Jackel moved to approve, in concept, the irrigation facilities needed along Linton Boulevard from Congress Avenue to Mili- tary Trail amounting to approximately $150,000, and, specifically, to approve appropriation of approximately $20,000 for lateral irrigation lines, effective immediately, with funding to come from monies received from the Solid Waste Authority, seconded by ~. Perry. Upon question by Mr. Perry, ~r. Jackel stated that permis- sion has been granted through Carl Miller of the County. ~. Perry expressed concern as to setting a dangerous precedent by spending City money for beautification of a County road. Upon the request of Mr. Bird, Mr. Church described the plans for Linton Boulevard. Mr. Bird noted that the right-of-way north and south of the road has been maintained by the abutting property owners. If they are proposing to put in an irrigation system which benefits the abutting property owners in that the City will become their ground- keepers, he is opposed unless they intend to extend the same courtesy to the people that live along A1A, Federal Highway, etc. Spending money that they cannot sustain is counter to his best judgment. They could probably water the median, which is the only part which will not be maintained by abutting property owners, and he doubts if the whole proD- ect would cost $20,000. The $150,000 figure seems excessive to him. Mr. Jackel stated that he realizes the concern about the money and added there is no hurry to complete the project, hr. Bird stated another of his concerns is maintenance; nobody has addressed that ongoing expense. Further, in the environment of Proposition ~1, is taking over a responsibility which appropriately belongs to some other governmental agency and imposing that burden on the citizens of Delray Beach an appropriate use of their tax dollars? At this time his vote would have to be no. Mr. Jackel stated that the City can approach the developers along Linton Boulevard. He knows of one developer who is willing to pitch in to pay for trees and shrubs; he feels other developers will also. Mayor Young asked if consideration has been given as to a water source. The City Manager advised that the biggest part of the cost would be from going with wells and pumps rather than tying into the City water system. Another thing they will want to look at is the long term capital cost. Those costs are unknown at this point, hr. Perry expressed concern as to liability and responsibility for the median. He further stated that he feels they should be going back to the core problem, the revitalization of Atlantic Avenue. Mr. Campbell stated he favors the motion and ~eels beauti- fication of roadways is very important. If, as a community, they are concerned, then they have to accept the responsibility to enhance prop- erty values and promote a viable community regardless of whether it is a State or County road. They have to recognize that Linton Boulevard, Atlantic Avenue and Lake Ida Road are three main east-west thorough- fares. He believes they should do what they can to enhance those roads. Mr. Bird stated that if they are determined to beautify every road in Delray Beach, he suggests they pass an ordinance which states that the property owner is responsible to take care of his prop- erty all the way to the pavement edge. Upon question by Mr. Bird, ~4r. Church advised that the estimate that he has reviewed is just for the cross laterals which go across to the median and cross the roads connecting into Linton. The $150,000 is just a talking figure; there is no precise estimate figure~ for doing the sprinkling of the rest of it. Tonight they are consider- ing what would be needed: a pipe running east and west from a pump and well; they would just put in the pieces of the pipe as they would cross those connecting roads. In addition to that they would put in pipe across to the median and that is what this $20,000 would provide for. The alternatives would be a pump, water from the canal on the south side or City water; those alternatives are still to be analyzed. Mr. Bird made a substitute motion to send this item to next Tuesday's workshop meeting, seconded by Mr. Perry. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; Jackel - No; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: ~. Simon, Planning & Zoning Board, reported that his Board met with the Community Appearance Board, Beautification Committee, Code Enforcement Board and numerous other groups. The consensus of the group was that they should meet again with the City Council to convey their interests in upgrading the aesthetics of the community, particularly its corridors and that they raise the conscienceness of the community to try to get the community to look as good as they perceive it to look. Right now the issue would be to get the City to install laterals on Linton Boule- vard during this construction period. They felt that $20,000 was not too great a price to pay to allow for the planning of future improvement of Linton Boulevard; he does not know where the $120,000 - $150,000 figure came from. He suggests they put in the laterals now for $20,000 and work on the County, the citizenry and various groups and have the opportunity to get the job done through private endeavors. If they do not get the laterals in now, they will not be able to do it. They are running out of time and they want to be sure they are doing what they have to before it is too late. - 2 - 02/14/84 Mayor Young asked if there are plans prepared to show where the laterals should go and requested this information be ready for Council at the next workshop meeting. Mr. Bird stated his concern lies with the apparent diver- gence of estimated cost. They are talking about less than 4 acres o~ irrigation. He is not confident that all of the options have been studied; for example, whether the Board of County Commissioners would be amenable to an appeal to do it themselves. He wants to make sure they make the right decision based on facts available. At this point the roll was called to the motion. 5~b~2~ Mr. Perry stated that it has become obvious that the choice of Hazen & Sawyer as Consultant Engineers would be politically impalat- able to the Town of Highland Beach. ~r. Perry moved to reconsider the question and have staff evaluate Greeley & Hanson, the next firm in line, and bring in their recommendations at next week's workshop, seconded by hr. Bird. Mr. Bird stated he feels they are bereft of choices and suggested that a better solution might be that in addition to the quali- fications of Greeley & Hanson, perhaps the Town of Highland Beach an~ the City of .Delray Beach should submit a couple of additional names that neither city is doing business with and go through a new process. 5~. Perry stated that he feels they have come to a point where they should get on with it. The City Attorney reported that Council has been provided with another joint stipulation form this evening. They have a court ordered hearing tomorrow morning at 8:45 A.M. Because of the delay over the firm to be used, he suggests that Council authorize the City At- torney's office to present this joint stipulation to the Court and authorize execution of same and discuss the question of whic~ firm thereafter. This stipulation is essentially the same as the one previ- ously approved; it deletes reference to the mediating committee which they have disbanded; it also deletes references to the trial date of February 13th; it also incorporates by reference the contract langua9e that they had originally agreed to for a contract with the Hazen ~ Sawyer engineering firm and leaves the name of the firm and the fee open. Mrs. Elaine Roberts, Town Manager of Highland Beach, stated that if all reference to the Citizens Committee has been removed, then it is not the stipulation they signed. The stipulation 5~ayor Horton and the Town Clerk signed this morning mentioned that committee. If it has been changed, she would have to take it back to the ~own Commission. The City Attorney advised that this is not the one ~ighland Beach executed; it is essentially an alternative which has been negoti- ated and agreed to today by the attorneys representing both sides. Mr. Perry stated that he spoke with Mrs. Roberts and ~ayor Horton yesterday at which time Mayor Horton agreed that there was no real need for the committee. Mrs. Roberts advised that the reason Highland Beach has recommended choosing the third engineering firm is because of the price. The original quote from Hazen & Sawyer was $6000; their price is now $9500. The rationale for Highland Beach's choice of Greeley & Hanson is that their price is $6000 and they are now low bidder. Mr. Bird stated that he is concerned because the decision is based on price. They are going to be relying on the expertise of the firm to do the kind of a study which will provide to both cities a formula which will eliminate the controversy and allow them to complete a contractual negotiation of some length. Mr. Bird made a substitute motion to approve the stipulation as provided by the City Attorney's office. Said motion died for lack of a second. - 3 - 02/14/84 Mr. Jackel stated he would like to go along with ~. Perry. All of these firms are top quality, which is why they were selected, and if it pleases Highland Beach to go along with Greeley & Hanson, he is willing to go along with them. Mr. Perry stated that they have already eliminated two firms and are down to ~3 which, to his understanding, is the normal procedure. Upon question by ~. Campbell, Mr. Bird stated that the three firms came from the recommendation of members of the Citizens Committee. Mr. Campbell stated that he assumes the Committee would not have recommended them if they didn't feel they were equally qualified. If they are equally qualified, he would go along with which- ever firm will expediently take care of the problem. Upon question by Council, the City Attorney replied that he does not know what bases the Committee used in choosing the firms. They requested bids to be submitted which concerned him because that is not contemplated by the Competitive Negotiations Act. You are to rank by qualification, then negotiate a contract price. Based on that assump- tion, the City along with Highland Beach, having chosen Hazen & Sawyer, negotiated a contract price with them, $9500. Greeley & Hanson bid a figure of $6000; however, in his opinion, that price is also suD3ect to negotiation under the Competitive Negotiations Act. Considering that they had three names and the first was eliminated, the second one, based on qualifications only, would have to be eliminated, then they could go to the third selection and instruct staff to negotiate a price w£th them. Mr. Bird pointed out that the reason Hazen & Sawyer was eliminated was on the basis of price not qualifications. 5~. Perry noted that he made his motion based on the fact that Hazen & Sawyer have become politically impalatable to Highland Beach; he did not know how they came to that conclusion. Mr. Bird added that they heard tonight that it was based on price alone. Further, Hazen & Sawyer, when viewing qualifications, was acceptable to this Council and became unacceptable to Highland Beach because of a change in price. He does not believe that represents an earnest attempt to find the best qualified firm to resolve this issue; he thinks they are looking to find the cheapest firm. Further, he has yet to see any evidence as to the qualifications of this last firm, Greeley & Hanson. Mr. Perry stated that it was Council's decision that the Citizens Committee would name the consulting engineer. Although the Committee was disbanded, the intent was there to recommend Greeley & Hanson and he will go along with that. Mr. Perry made a substitute motion to get together materials from Greeley & Hanson and Hazen & Sawyer, study the qualifications of both and workshop this issue next week and further to approve, in con- cept, the joint stipulation as presented to them tonight, seconded by Mr. Bird. Said motion passed unanimously. 5~b~3~ Mr. Perry stated that he has come up with the names of eight other people who were interested in the operation of the restaurant at the Country Club. These people informed him that they were simply trying to find out how to make application to be considered for the operation of the restaurant. In spite of numerous phone calls, none of them received a call back from the City Manager's office. All of the applicants have substantial backgrounds in this field but were passed over because of one man who sat in the City Manager's chair. He would like to know why Council did not know about these eight people and he would like an investigation done. Mr. Jackel concurred with ~. Perry's comments but noted, however, that they have already signed a 5 year a~reement with the Brezs. ~. Perry asked the City Attorney if there is a way out of that license agreement. Further he apologized for arguing with ~. Jackel when Mr. Jackel suggested ~oing out for competitive bidding. - 4 - 02/14/84 The City Attorney advised, based upon the agreement havin9 been approved and executed, unless they can demonstrate evidence of mutual mistake or something akin to misrepresentation on the part of one of the parties, it's really not void; it would have to be cancelled. To cancel the agreement, they would have to cancel it pursuant to the terms which basically rest on performance under the contract, or to terminate it unilaterally. If they terminate it unilaterally, he suspects they will be sued for damages for breach and for depravation of property interests. They can terminate it unilaterally but he thinks there wall be consequences monetarily. Mr. Bird stated that he sees no evidence that any of these eight people applied in writing. ~. Perry advised that they were never given the chance; they kept calling to find out how to apply and never got a call returned. Apparently, the Brezs are old time friends of Mr. Law. Mr. Bird noted that Pierre got through to see 5~r. Law. Mr. Perry advised that Pierre withdrew because of lack of funds which is why he was not on the list of eight. 5~b~ Mr. Bird reported that he attended a legislative hearing today. There was no response to the City Attorney's request for relief on the 8th Street bridge. With regard to pockets, he felt they got a positive hearing. He talked to Senator Johnston after the presentation and received some encouragement and he thinks they will have a fightin9 chance this year in the session. As to the issue of liability, the facts startled them. He feels they have not really considered the tremendous impact in the number of cases of litigation and claims filed against the City as a result of having made it more remunerative to attempt to get monetary relief from the City for tort actions and other claims. He is hopeful that they will be able to get some support frora Florida League of Cities and perhaps get a better handle on their costs and liabilities. The City Attorney added that they informed the delegation of the severity of the liability problem. They also presented some statis- tical information. The limits of liability for sovereign immunity were raised in 1981 and the statistics showed them that in 1979 the City had five claims that did not go to litigation; in 1981 they had 23; in 1982 they had 25 more. During that course of time the population only went up about 10%. A 400% increase in number of claims and a 10% increase in population had to have come from someplace and they suspect not only the numbers in the raise of sovereign immunity but also the feeling it gives to somebody who wishes to make those kinds of claims. As for litiga- tion, they had six in 1979, 16 in 1981, another 16 new ones in 1982; they currently have over 20 active lawsuits pending for about a 300% in- crease. With the consent of Council, his office will attempt to get both the Palm Beach County Municipal League and the Florida League of Cities to assist them in trying to do something more comprehensive. 5~b~5~ Mayor Young presented and read a proclamation proclaiming that on Friday, February 17, 1984, Lieutenant William T. Wright shall be designated "Honorary Chief of Police" in honor and appreciation. Lieu- tenant %~ight came forward to accept the proclamation and thanked the City. 5~b~'~ ~ayor Young presented and read a proclamation proclaimin9 the week of March 4-10, 1984, as "Women's History ~eek". 5~b~7~ Mayor Young presented and read a proclamation callin9 for a first nonpartisan election, special election to fill City Council mem- bership vacancy and a Special (Straw Vote) Election to be held on Tues- day, March 13, 1984, between the hours of 7:00 A.M. and 7:00 P.M. and designating the precincts and polling places in the Clty of De lray Beach. 5~1~ The City Attorney requested that Resolution No. 15-84 rela- tive to the Linton Boulevard expansion be added to the Agenda. - 5 - 02/14/84 5~d%1% The City Manager reported that information is being sent out to all their utility customers regarding the trihalomethane program. Florida and the federal agencies have brought about new requirements for the control of trihalomethanes in their water to counteract the situ- ation. On Thursday, February 16th the City's process will be changing; they are changing from the use of chlorine to an ammonia process which will create a chloramine substance in the water. This will not affect the water quality but there are two concerns: For customers who use tap water for aquariums, there is a process to remove the chloramine from the water. The more serious problem is that this type of water process cannot be used in kidney dialysis units; the chloramine would also have to be removed. The Utilities Department' has set up a special number, 276-7227, to discuss how to remove the substance from water. 5~d%2~ The City manager reported that they are scheduled to open bids for nine manholes on Tuesday, February 21st, at 2:00 P.~. They hope to have those bids ready for Council action that evening. He recommends holding a special meeting Tuesday evening prior to workshop on this issue. 5~3~ The City Manager reported that on Thursday they will start meeting with department heads relative to the preparation of the 19~4-85 budget. There will be some changes. At a very early point, he will be seeking Council input into the budget process. If Council is agreeable, he would like to hold a session in early ~arch at one of the workshop meetings to discuss budget philosophy or at a date and time prescribed by Council. He would like to go over capital improvement items, ideas from Council and general philosophy. Mr. Bird asked the City Manager to have the revised impact figures on Proposition #1 available at that session. The City manager advised that they are looking at preparation of two budgets because of Proposition #1. Mr. Perry suggested that all the City Council candidates be apprised of and invited to attend the meetings. Mr. Bird moved for approval of the Agenda with the addition of Resolution No. 15-84 as Item 23a of the Consent Agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC' HEARINGS 7 ~' O~i~ah~"NO~ ~ 1~8~~' ~ Z~hih~~' O~ih~h~ ~ A~h~ht- ~ B~Idi~'~ ~' H~i~ht~ Ordinance No. 1-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to providing for establishment of building height and parking and loading requirements when property is rezoned to SAD (Special Activities District), is before Council for consideration on ~cond and FINAL Reading. Prior to consideration of passage of this ordinance on ~cond and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 1-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, A~NDING CHAPTER 30, "ZONING", SECT ION 30-15.1, "SAD SPECIAL ACTIVITIES DISTRICT", OF THE CODE OF ORDINANCES OF THE CITY OF DEL~Y BEA~, FLORIDA, BY REPEALING SECTION 30-15.1 (H), "BUILDING HEIGHT", ~qD ENACTING A NEW SECTION 30-15.1(H), "BUILDING HEIGHT", BY PROVIDING FOR ESTABLISHMENT OF BUILDING HEIGHT BY THE CITY COUNCIL AT THE TI~ PROPERTY IS REZONED TO SAD ~D BY ~KING CERTAIN TE~NICAL ~VISIONS; BY A~NDING SEC- TION 30-15.1 (I) , "PARKING AND LOADING REGULATIONS", BY PROVIDING FOR ESTABLISHMENT OF PA~ING ~D LOADING ~- QUIREMENTS AT THE TI~ PROPERTY IS REZONED TO SAD; PRO- VIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE DATE. (Copy of Ordinance No. 1-84 is on ~ile in the official Ordinance Book) - 6 - 02/14/84 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 1-84 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; hr. Jackel - Yes; Mr. Perry - Yes; 51ayor Young - Yes. Said motion passed with a 5 to 0 vote. O~dih~h~-'N~ '" 5~8~' ~'~ Z~hih~"O~dih~h~~ A~hd~ht- ~- O~t~t P&~kfhg'R~lati6h~: Ordinance No. 6-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to reducing the parking stall width from ten feet to nine feet, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 6-~4: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, AMENDING CHAPTER 30, "ZONING" SECTION 30-18, "OFF-STREET PARKING REGULATIONS" SUBSECTION (E) (1) "PARKING STALL DIMENSIONS" AND SUBSECTION (E) (2) "PARKING BAY ILLUSTRATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE STANDARD PARKING STALL WIDTH FROM TEN FEET TO NINE FEET AND TO REQUIRE DOUBLE STRIPING BETWEEN PARKING STALLS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE. (Copy of Ordinance No. 6-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Jackel moved for the adoption of Ordinance No. 6-84 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; 5~r. JacKel - Yes; Mr. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. 9'~ O~ih~h~NO'~' 7'-~8~~ ~" Z~hih~' O~d~h~h~' A~h~ht'~ ~' R~'-DW~ll'~h~ Di~t~i~t'; Ordinance No. 7-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to creating a R~ ~iedium to Medium High Density Dwelling District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 7-84: AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, A~*~ND- ING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 30-6.5, "RM MEDIUM TO MEDIU~ HIGH DENSITY DWELLING DIS- TRICT'', PROVIDING FOR THE PURPOSE OF SAID Rh DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID RM DISTRICT; PROVIDING FOR CRITERIA FOR LOT DIMENSIONS, SITE AREA, AND DENSITY COhPUTATION WITHIN SAID RM DIS- TRICT, INCLUDING DENSITY AND SITE AREA, ~,~INIMUM DIhEN- SIONS, EXCEPTIONS, DUPLEX CRITERIA; PROVIDING FOR AGGRE- GATE FLOOR AREA FOR ALL MULTIPLE FAMILY DWELLING UNITS IN SAID RM DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULATIONS, WALL AND FENCES, LAND- SCAPING, SIGNS, TO%~NHOUSES AND TOWNHOUSE DEVELOPMENT AND MINIMUM SPACING BETWEEN BUILDINGS REQUIREMENTS; PROVIDING - 7 - 02/14/~4 FOR SPECIAL REGULATIONS, PARK AND RECREATION LAND DEDICA- TION, AND PERFORMANCE STANDARDS FOR SAID RM DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 7-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. Mr. Mike McDaniel, Planning Director, explained that the original reason for these ordinances (Ord. Nos. 7-84 and 8-84) was to enhance the City's capability for enticing property into the City. ~he City's standard densities are 6, 10 and 15 while the County's are 8, 12 and 16. In addition, the County also allows a range of densities, 5-8, 8-12 and 12-16. Members of the Planning staff, as well as the Planning and Zoning Board, felt that it was necessary to create densities in between what they now have. The R~,~ and RH ordinances before Council tonight are intended to provide that flexibility and encoura9e prop- erties to annex into the City. Mr. McDaniel outlined the density ranges allowed by these ordinances and explained the requirements and perform- ance standards. 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. ~%~IR~b~t'-S%~, Coalition for Good Government, spoke in opposition of the ordinances, citing the following reasons: The argu- ment that it will enable the City to exact higher impact fees and have better control does not necessarily hold true. Higher densities have an impact on roads, utilities, less green area, more concrete and a lower quality of life. The Planning Department is not staffed to take on any additional workload such as these performance standards. This plan places too much latitude and discretionary powers in the hands of the City Council and is open to possible abuses. This plan increases the possibility of litigation and/or appeals based on equal treatment. If the City would spend time and effort to beautify the corridors, it would enhance the property value of the adjoining lands. They feel that a more concerted effort on the part of City Administration could be made to induce the County to cooperate more with the City pertaining to zoning and code enforcement problems. In place of this they sug§est a compromise calling for the creation of two new zoning classifications, 8 and 12, to be used where appropriate and in conformity with their exist- ing land use plan. M~J~'~d~h, representing Florida Atlantic Builders Association, spoke in favor of the ordinances. The concept of flex zoning and using extractions paid for by a developer to increase their zoning densities has been a very effective means of increasin9 the quality of life because it increases the quality of development. The quality of development goes up dramatically when municipalities and County governments have the ability to negotiate from a position of strength. They basically know the amount of growth they will be faced with in Palm Beach County; that is no longer an issue. The proper management of that growth is the challenge that faces them in the next twenty years; this takes a mature viewpoint on the part of the devel- oper. They develop the projects sold to the people moving here; how- ever, if their projects are not quality and are not in an atmosphere that enhances the quality of life, they are defeating their purposes. The City is giving itself the opportunity to be imaginative and cre- ative. He strongly urges Council to pass these ordinances. M~~i~H~hb~, Planning & Zoning Board, stated that the Board, in its denial, did not necessarily deny.the concept of flex- ible zoning. They were opposed to this particular singling out and spot zoning. At the moment they have a committee that is reviewing the entire Zoning Code. The public hearing was closed. - 8 - 02/14/84 Mr. Bird moved for the adoption of Ordinance No. 7-84 on Second and FINAL Reading, seconded by ~. Campbell. Upon roll call Council voted as follows: Mr. Bird - Yes; ~lr. Campbell - Yes; ~. Jackel - No; Mr. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: ~n~. Campbell stated he had originally voted against this but has changed his position. After having talked with Mr. McDaniel, he finds this is very analogous to their SAD zoning. The safeguards appear to be built into this type of zoning very similarly to what he likes about their SAD. This means that any changes to be made must go through the Planning & Zoning Board and Council for final approval. He believes the concept is good if they allow a greater flexibility to their Planning staff and their P&Z Board in dealing with developers. Also, he feels the devel- opers need to be put on notice that the concept is not just an increase in densities. He would like the City Manager to review the fee situ- ation with regard to applications for rezoning and site plan approval and suggests that for any site plan approval coming in under this type there be a considerable surcharge for the additional time and effort involved on the part of City staff. Upon question by Mr. Jackel, Mr. Campbell stated that the Planning and Zoning Board has expressed some concern about residential SAD ' s. In response to comments made by Mr. Stump, 5~r. Bird stated that the best way to get into a position to take over the ultimate control of the land use within their ultimate boundary, i.e. County pocket areas, is to have something to offer that is essentially com- patible with the County's package. It is illogical to assume that the County will rezone to satisfy the whims of Delray, when indeed their overall responsibility is for an entire county. He feels the long term best interest of the City is served by making it possible for those lands to be developed under the City's guidance and supervision as opposed to County supervision. He is in favor of flexible zoning. Upon question by Mr. Bird regarding litigation, the City Attorney replied that he feels they would have a better ability to argue flexibility with the judge under this zoning. At this point the roll was called to the motion. I0~ O~di~h~N~'~ ~' 8~8~-' ~ Z~hi~" O~d'i h~h~'- A~h~ht- ~ ' P~q" DW~ Ilih~ DiB%~t~ Ordinance No. 8-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to creating a RH Medium High to High Density Dwelling District, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 8-84: AN ORDINANCE OF THE CITY' OF DELRAY BEACH, FLORIDA, A~i~:ND- ING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW SECTION 30-7.5, "RH MEDIU~i HIGH TO HIGH DENSITY DWELLING DIS- TRICT'', PROVIDING FOR THE PURPOSE OF SAID RH DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID RH DISTRICT; PROVIDING FOR CRITERIA FOR LOT DIMENSIONb, SITE AREA, AND DENSITY COMPUTATION WITHIN SAID RH DIS- TRICT, INCLUDING DENSITY AND SITE AREA, MINIMUM DI~iEN- SIONS, EXCEPTIONS, DUPLEX CRITERIA; PROVIDING FOR AGGRE- GATE FLOOR AREA FOR ALL MULTIPLE FA~IILY DWELLING UNITS IN SAID RH DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULATIONS, WALL AND FENCES, LAND- SCAPING, SIGNS, TOWNHOUSES AND TOWNHOUSE DEVELOPmeNT AND 5iINIMUM SPACING BETWEEN BUILDINGS REQUIRE~iENTS; PROVIDING FOR SPECIAL REGULATIONS, PARK AND RECREATION LAND DEDICA- TION, AND PERFORS~ANCE STANDARDS FOR SAID RH DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ~8~~SOR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AN EFFECTIVE DATE. - 9- 02/14/84 (Copy of Ordinance No. 8-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The public hearing was closed. Mr. Bird moved for the adoption of Ordinance No. 8-~4 on Second and FINAL Reading, seconded by ~. Campbell. Upon roll call Council voted as follows: ~. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - No; 5~. Perry - No; Mayor Young - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: ~. Jackel stated that after studying this situation he does not understand why they are taking this path. An SAD accomplishes pretty much the same thing. Further, Mr. McDaniel has not gotten an increase in staff. Thirdly, the Planning and Zoning Board is studying the matter and he would rather await the results of their study before voting on this. He does not understand the urgency and will vote in the negative. For the record, the City Attorney advised that the previous ordinance will allow densities between 7 through 10, not 9.999, and this ordinance will allow densities between 11 through 15; this was not clear in the caption. At this point the roll was called to the motion. CONSENT~AGENDA The following items are to be considered by Council as the Consent Agenda: 1I~ Council is to consider execution of a water service agreement with Mili- tary Trail Investors, Ltd., a Florida Limited Partnership, for a parcel of land located on the east side of Military Trail, south of Linton Boulevard. The property is zoned Commercial and the proposed use is for an office complex and racquetball facility. The property is not con- tiguous. Approval is recommended. 121 Council is to consider execution of a water service agreement with William A. Chamberlain for a parcel of land located on the south side of Avenue G, west of South Federal Highway and east of Dixie Boulevard. Present use of the property is duplexes and proposed use is for an auto- mobile dealership. The property is zoned CG (General Commercial) and is not contiguous. Approval is recommended. 13~ FihRI'"P1Rt--ADp~O~RI-=~S~&gat~-A~'~ Council is to consider final plat approval for Seagate Arms, an approved eight unit multiple family project, located at the northwest corner of Seagate Drive and Bucida Road. This was unanimously approved by the Planning and Zoning Board. E&B~ht'D~a-~-High-POiht% Council is to consider granting a 12-foot easement deed to High Point of Delray Condominium Sections 5 and 6 for the purpose of drainage pipelines. Approval is recommended. 151 A~Sd~ht-t6~R~~COStt&~t% Council is to consider ap- proval of execution of Amendment No. 3 to the Refuse Contract between the City and Waste Management, Inc., of Florida to provide roll-out cart service to The Palms of Delray. Approval is recommended. I6% R~9i§~a-LR96"D~l'~R~-Sig~d"Ag~a~t~ Council is to con- ~-~er approval of execution of Revised Lago Del Rey Agreement for the continued location of the sign on the right-of-way at the northwest corner of Homewood Boulevard and Casita Way. Approval is recommended. - 10 - 02/14/84 Council is to consider approval of execution of Revised Agreement be- tween the City and the Delray Beach Public Library Association, Inc., to administer a grant of $150,000 from Florida Department of State, Divi- sion of Library Services for library construction funds. Approval is recommended. 18% C6~-~&~hih~D~Dli~at~l Council is to consider award of a contract for a Xerox 1075 copier from Xerox in the amount of $58,252, with funds to come from the 1983-84 budget. Approval is recommended. Li~id'Chl6~ih~ Council is to consider award of a contract to the low bidder, Allied Universal Corporation in the amount of $97,134.25 for the following for use by the Water Plant: 400 One-ton cylinders, liquid chlorine gas $ 89,400.00 75 150-1b cylinders, liquid chlorine gas 2,212.50 65 100-lb HCH ..... 5~52I~75 Total $ 97,134.25 Funds are to come from the 1983-84 budget. Approval is recommended. 20~ Ab&hd6h~ht~f'~&'-PO~tiOh-~f"A~h~'~El Resolution No. 11-84, ~vacating and abandoning a portion of Avenue E, located north of La~'~at Avenue between Federal Highway and Florida Boulevard, is before Council for consideration. This was unanimously approved by the Planning and Zoning Board. The caption of Resolution No. 11-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF AVENUE "E" ACCORDING TO THE PLAT OF DEL-RATON PARK, PAL~ BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 14 AT PAGES 9 AND 10 OF THE PUBLIC RECORDS OF PAL~ BEACH COUNTY, FLORI DA. (Copy of Resolution No. 11-84 is on file in the official Resolution Book) P6iht-BO~l~ga~a~&h~-~a~l~t'D~ig~'"~Th~'CO~Oh~}% Resolution No. 12-84, requesting permission from the Palm Beach County Board of Commissioners to rezone land annexed from AR (Agricultural Residential) (County) to SAD (Special Activities District) (City), is before Council for con- sideration. This was approved by the Planning & Zoning Board by a vote of 6-1 (Sumrall dissenting). The caption of Resolution No. 12-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORIDA STATUTES 171.062, TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AR (AGRI- CULTURAL RESIDENTIAL ) DI STRICT TO THE CITY ' S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 12-84 is on file in the official Resolution Book) Ag~h~'&hd-SiW~'~22hd-AV~h~-~L&k~id~)i Resolution No. 13-84, request- ing permission from the Palm Beach County Board of Commissioners to rezone land annexed from AR (Agricultural Residential) (County) to SAb (Special Activities District) (City), is before Council for considera- tion. This was approved by the Planning & Zoning Board by a vote of 4-2 (Carey and Simon dissenting). - 11 - 02/14/84 The caption of Resolution No. 13-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS, PURSUANT TO FLORI DA STATUTE S 171. 062 TO REZONE LAND ANNEXED TO THE CITY OF DELRAY BEACH FROM THE COUNTY ZONING CLASSIFICATION AR (AGRI- CULTURAL RESIDENTIAL) TO THE CITY'S CLASSIFICA%'ION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 13-84 is on file in the official Resolution Book) Resolution No. 14-84, authorizing the submittal of an application to the State Department of Natural Resources requesting the need for a borrow area easement over State lands in connection with a maintenance renour- ishment project, is before Council for consideration. The caption of Resolution No. 14-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, AUTHORIZING THE SUBMITTAL OF AN APPLI- CATION TO THE STATE OF FLORIDA DEPARTSiENT OF NATURAL RESOURCES REQUESTING AND SETTING FORTH THE NEED FOR A BORROW AREA EASEMENT OVER STATE LANDS IN CONNECTION %4ITH A MAINTENANCE RENOURISHMENT PROJECT, AS MORE FULLY DE- SCRIBED IN THE APPLICATION. (Copy of Resolution No. 14-84 is on file in the official Resolution Book) E~i~h'- ~" Liht~h~ B~hl~: Resolution No. 15-84, re- questing Palm Beach County to fund the expansion of Linton Boulevard, is before Council for consideration. The caption of Resolution No. 15-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING PALM BEACH COUNTY TO FUND THE EXPAN SION OF LINTON BOULEVARD BETWEEN I- 95 AND THE FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY; PROVIDING FOR FURNISHING COPIES OF THIS RESOLUTION. (Copy of Resolution No. 15-84 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda with the addition of Resolution No. 15-84 as Item 23a, seconded by 5~. Campbell. Said motion passed unanimously. Be fore roll call, Mr. Campbell noted that there are two items on the Consent Agenda regarding water service outside of the City; he has no objection at this time. He feels that giving water to people in County pockets is tied in with the development and their Land Use Plan. He would like to see, as a regular policy, that these matters go, not only through the Public Utilities Director, but also through the Planning & Zoning Board for their opinion. At this point the roll was called to the motion. REGULAR'AGENDA A~iht~t~"~B~&~'~f~Ad~t~ht~ Council is to consider appointment of two Regular members to terms ending March 15, 1984, one Alternate member to a term ending March 15, 1985 and two Alternate members to terms ending March 15, 1987. Mayor Young recommended that Council move Samuel Portnay up to be a regular member, appoint Harold Brown as an alternate member and Robert Stump to fill the alternate position vacated by ~r. Portnay. - 12 - 02/14/84 Mr. Jackel moved to reappoint 51att Gracey and Bruce Larsen for another term, to appoint Sam Portnay as a regular member and for the two alternate positions left open to appoint Jordan hiller and Alvero Vera, seconded by Mr. Bird. Mr. Bird made a substitute motion to reappoint those whose terms expire on 3/15/84, Mr. Gracey, ~. Larsen and 5~. Portnay to their current positions, seconded by Mr. Jackel. Said motion passed unani- mously. Mr. Jackel moved to appoint Jordan Miller and Alvero Vera to the alternate positions and to move ~. Portnay forward to a regular position on the Board of Adjustment. Motion died for lack of a second. Mr. Bird stated that one of the limitations on the Boara of Adjustment has been the lack of a qualified general contractor. The Board Chairman has expressed concern about having an attorney as a Board member; however, he does not favor that request because if the Board requires legal advice, he would prefer to have their own City Attorney provide it. He concurs with ~. Jackel that Alvero Vera who is a gen- eral contractor should be appointed and noted that, if appointed, 5~. Vera will have to step down from the Contractors Board of Appeals. He would agree to move Mr. Portnay forward when a layperson position opens. For the vacancy that exists, he would recommend ~. Gene Strews, Vice- President of Sun Bank. Mr. Bird made a substitute motion to appoint Alvero Vera as a regular member and to appoint ~. Gene Strews as an alternate member. Said motion died for lack of a second. M~. Campbell stated that he would like to have an oppor- tunity to speak with Mr. Stump, Mr. Strews and 5~. Miller before making a decision. Mr. Jackel stated that he would like to see Nr. Stump's resume. Mr. Jackel moved to elevate Sam Portnay to be a regular member, to appoint Alvero Vera to an alternate position, leaving one alternate position open, seconded by ~. Bird. Said motion passed unanimously. Ci%~-S~Ohd~NO~Pa~ti~El~i~h~"~POI1WO~k~'. Council is to consider authorizing the City Clerk to select from the list of Poll- workers used by the County for a second non-partisan election, if such election is necessary. The City Attorney advised that because of the new election laws, it is no longer necessary for them to appoint a Council hember to go up and watch the machines being checked; however, they are still welcome to do so if they wish. Mr. Bird moved to authorize the City Clerk, in the event of a second non-partisan election, to select the required Pollworkers from the list of Pollworkers used by the County for the Presidential Pref- erence Primary Election, seconded by Mr. Jackel. Said motion passed unanimously. Council is to consider authorizing the expenditure of $17,500 ~or the railroad crossing replacement at S.E. let Street, including pavement restoration, traffic control, etc., to be accomplished by FEC Railroad. Funds are to come from the 1983/84 budget for the downtown by-pass project of which S.E. let Street is a part. Approval is recommended. Mr. Bird moved to approve authorization of the expenditure of $17,500 for railroad crossing replacement at S.E. let Street, in- cluding pavement restoration, traffic control, etc., funds to come from the 1983/84 budget for the downtown by-pass project, seconded by ~. Perry. Said motion passed unanimously. - 13 - 02/14/84 D~igh&ti~% Ordinance No. 9-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a parcel of land located east of 1-95, between Carver ~liddle School and Carver Estates (Delray Beach Housing Authority, Applicant), is before Council for con- sideration on First Reading. This was approved by the Planning and Zoning Board by a vote of 6-1 (Carey dissenting). The City Manager presented Ordinance No. 9-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH , FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE C05'~PREHENSIVE PLAN FOR A PARCEL OF LAND IN SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EA$~ FROh SF SINGLE FAMILY TO MF-10 MULTIPLE FASIILY; AMRNDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. (Note: Ordinance Nos. 9-84 and 10-84 were discussed at the same time). Ordinance No. 10-84, relative to rezoning of a 10.51-acre parcel of land, subject to RM-10 (Multiple Family Dwelling) District, located east of 1-95, between Carver hiddle School and Carver Estates, is before Council for consideration on First Reading. This was approved by the Planning & Zoning Board by a vote of 6-1 (Carey dissenting). The City Manager presented Ordinance No. 10-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-iA (SINGLE FAMILY DWELLING) DISTRICT IN RM-10 (hULTIPLE FAMILY D%~ELLING) DISTRICT THE EAST ONE HALF (E½) OF LOT 18, SUBDIVISION OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH , PALSi BEACH COUNTY, FLORIDA, RE- CORDED IN PLAT BOOK 1, PAGE 4 SHEET #1, PALM BEACH COUNTY PUBLIC RECORDS, LOCATED EAST OF I- 95, BETWEEN CARVER MIDDLE SCHOOL AND CARVER ESTATES, AND A~NDING "ZONING ~AP OF DELRAY BEACH, FLORIDA, 1983". Mr. Perry moved for the adoption of Ordinance No. 9-84 on First Reading, seconded by Mr. Jackel. Regarding Ordinance Nos. 9-84 and 10-84, Mr. Bird expressed concern about the significant increase in density, and the impact which will occur. He has not seen a traffic impact study that would lead him to believe that the density increase can be accomodated by the road network which will serve it. For these reasons he will vote no on both ordinances. He feels there are some alternatives that have not been explored. Mr. Campbell also expressed opposition to these ordinances. He feels it will be the premise for the destruction of the neighborhood rather than solving the housing problem. He is not sure it is the con- sensus of the black community to increase the density in this manner and he would like to have input from the neighbors. ~. Perry stated it was recently mentioned that some years ago the people in that area insisted they wanted single family housing put in. In the meantime he has seen four houses put up which are now surrounded by a chain link fence and he does not know if anybody lives in there; they are just not selling. They have a burgeoning problem with people on waiting lists waiting to get into the t~pe of housing which the Housing Authority makes available. He feels this is an emer- gency situation and would favor passage of both ordinances. 5~. Jackel stated that he, too, would like to hear from the public. In order to have public input, they must pass the ordinances tonight and have a public hearing in two weeks. As he understands it, this will involve about 100 units with a waiting list of 600 or more. He is against high densities but they have a serious housing problem here which must be addressed. He feels they have no choice but to go along with this in order to remedy the situation. - 14 - 02/14/84 Mr. Bird stated that they are overlooking the fact that this is not an either/or situation. Several years ago Council asked the P&Z Board to go back and restudy this issue. As he recalls, the recom- mendation of that committee was that they should attempt to provide not only the housing which is required but an incentive for that housing to be provided within the community; i.e., if their Zoning Code permitted and they could arrange the appropriate incentives, that they should take existing parcels of land within the already existing neighborhoods and allow for the development of duplexes and, perhaps, triplexes or quadri- plexes. One of the problems with taking people who are not making it on their own and putting them in a community made up entirely of other people who also are not making it on their own is that the role model interface is bad. If you take the same people and put them in an atmo- sphere where the people they are in contact with are indeed moving forward with their own initiative and abilities, he feels they will have improved two things; one, you've provided the housing, and, two, you've also provided, in his view, a much stronger environment to help these people with their upward mobility and eventually not to be dependent upon the rest of us any longer. To that end he would like to more thoroughly investigate the recommendation made by their prior P&~ Board and at least take a look at the alternatives before they make an ir- revocable commitment to building 10 units per acre in what was struc- tured to be single family dwellings. Although road impact may not be a major factor to some Council hembers, there has never been a situation in which someone brought them 100 units to place in the middle of an existing residential neighborhood where they did not ask for a road impact study. He recalls that a study was asked for and does not why they never got it. ~'~'R~%%~R~l'l~ expressed concern over the number of units to be placed in the area. She agrees with the need for housing but they already have high density housing in that area. She would like to see this go back to P&Z or to a Council workshop so that there can be a study done on alternatives. This project would have a negative impact on Carver Middle School and the Catherine Strong Center. Catherine Strong Center has to be upgraded and expanded. She would hate to see that number of people put in that area coupled with Carver Estates; that is too many. She has also heard that there is a possibility that they are going to have housing for migrants in that area. ~-R~ih~I~Ha~i~ stated that the County has donated land for the use which has been proposed. He concurs that puttin~ people on top of one another is not desirable; but the layout shows that it is very well done and he feels it would enhance the area. As he under- stands it, the 30-40 acres surrounding the 104 units was not desirable for construction because of soil conditions. He believes it was the intention to propose to the City to utilize that as a park area. The project has created a lot of open space which will keep the kids off the street. This project would be very different from Carver Estates and he feels it is very needed. They are trying to help all; not only low income but also moderate income. There are a lot of people who cannot move into Carver Estates because of the income limits but need housing in the private sector and can afford fair market rent. Mr. Bird asked how many units the Housing Authority controls the subsidies for or control directly. Mr. Harris replied 490 total. Mr. Bird stated that if they can arrange some sort of cooperative ven- ture that allows somebody to get some help in building a duplex, half of which would be made use of as low or moderate income housing, then the~ have done two things. One, they have put property on the tax rolls, and, secondly, they have put the people in direct proximity with an upward mobile roll model. He sees benefits in other alternatives. Mr. Harris advised that the Housing Authority has commlt- ments from the County and is ready to make a move. These would not be subsidized units. They would be in the private sector, owned by the Delray Beach Housing Authority and bringing in fair market rent. They would also have the flexibility of a lease purchase. - 15 - 02/14/~4 Mr. Campbell stated that he served with Spencer Pompey on a committee to analyze housing; they did recognize the extreme need and wanted to move ahead. He distinctly remembers Mr. Pompey saying that they did not want any projects. Mr. Campbell added that he feels they can build community oriented housing there, not just hoUsing pro~ects. If they approve this, Council will be saying that there is a double standard; that the black people are going to be treated differently. Mr. Perry stated that he has seen the layout and there was a lot o~ green space. He would concur with Mr. Harris that it is not a typical housing project. Mr. Bird made a substitute motion that Ordinance No. 9-84 and Ordinance No. 10-84 be remanded to workshop. &aid motion died for lack of a second. 5~yor Young asked Mr. Carey why he dissented. ~. Carey advised that he felt .they should apply the same standards they apply to all areas of Delray Beach, such as the traffic impact study and a look at the overall area of land available for development; that they should plan for the long range development in that area which might very well include a project of this nature. Further, he would li~e Council to look at the Neighborhood Strategy Area study to see what conclusions they came to regarding this particular type of development. Upon question by hr. Jackel, Mr. Campbell advised that this type of study was done four years ago. It was recommended, through the P&Z Board, that what they really needed was additional immediate housing; that this should not be done through housing projects and that it should be done in the R-1AA standard and through duplexes and maybe triplexes. ~. Campbell made a substitute motion to send Ord. No. 9-84 and Ord. No. 10-84 to the next workshop meeting, seconded by Mr. Jackel. Said motion passed unanimously. Before roll call, Mr. Perry stated that at workshop he would like to learn what became of the traffic impact study they asked for. Mr. Jackel asked ~r. Harris to bring the site plan to that workshop. At this point the roll was called to the motion. O~dih~h~N~%~II~8~Th~-C~h~-Ahh~k&%~h~ Ordinance No. 11-84, relative to annexing a 4.67-acre parcel subject to SAD (Special Activities District) to allow an office development, is before Council for consideration on First Reading. The property is located on West Atlantic Avenue, west of High Point Boulevard, east of Hamlet Drive, if extended north. This was approved by the Planning & Zoning hoard by a vote of 6-1 (Sumrall dissenting). If passed, Public Hearing wlll be held on March 13th. The City Manager presented Ordinance No. 11-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEAC~ THE %~ST ONE-HALF (W½) OF THE SOUTHWEST ONE-QUARTER (SW ~) OF THE NORTHWEST ONE-QUARTER (NW¼) OF THE SOUTHWEST ONE- QUARTER (SW~) LYING NORTH OF STATE ROAD NO. 806, OF SECTION 18, TO%~SHIP 46 SOUTH, RANGE 43 EAST, PALM BEACh COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF. The City Attorney read the caption of the ordinance. Mr. Perry moved for the adoption of Ordinance No. 11-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mr. Campbell - Yes; ~. Jackel - Yes; ~. Perry - Yes; Mayor Young - Yes. Said motion passed with a 5 to 0 vote. - 16 - 02/14/84 O~dihah~-NO~~ 12~84- ~'-Th~-C6~h~' R~Ohih~% Ordinance No. 12-84, relative to rezoning of a 4.67-acre parcel of land, sub3ect to SAD (Special Activities District), located on West Atlantic Avenue, west of High Point Boulevard, east of Hamlet Drive, if extended north, is before Council for consideration on First Reading. This was approved by the Planning & Zoning Board by a vote of 6-1 (Sumrall dissenting). If passed, Public Hearing will be held on 5larch 13th. The City Manager presented Ordinance No. 12-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND P~SENTLY IN COUNTY OF PALM BEA~ WITH COUNTY ZONING OF AR (AGRI- CULTURAL RESIDENTIAL) DISTRICT, IN THE CITY ZONING (SPECIAL ACTIVITIES DISTRIC?), BEING A 4.67 ACRE PARCEL OF LAND LOCATED NORTH OF ATL~TIC AVENUE BETWEEN HIGH POINT BOULEVA~ ~D HA~ET DRIVE, IF E~ENDED NORTH, SAID LAND BEING IN SECTION 18, TO, SHIP 46 SOUTH, ~GE 43 EAST; GRATING CONDITIONAL USE ~D SITE ~D DEVELOP~NT PL~ APPROVAL; PROVIDING A GENERAL REPEALER; AND ASIENDING "ZONING ~P OF DELRAY BEACH, FLORIDA, 1983". The City Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. 12-84 on First Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: ~. Bird - Yes; ~. Campbell - Yes; 5~. Jackel - Yes; 5~. Perry - Yes; Mayor Young - Yes. Said nDtion passed with a 5 to 0 vote. 31 ~ O~ih~h~- N~% ~ 14 ~8~- ~ ~ Z~ih~" O~ih~h~-A~h~ht'~ ~' R~'- ' ~kihg-R~ai~h%B~ Ordinance No. 14-84, amending Chapter 30 "Zoning" of the Code of Ordinances to reduce the parkin9 requirements for busi- ness and professional offices having a total floor area in excess of 3,000 square feet, is before Council for consideration on First Readin9. This was approved by the Planning & Zoning Board by a unanimous vote. If passed, Public Hearing will be held on February 28th. The City Manager presented Ordinance No. 14-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~LKAY BEACH , FLORIDA, AMENDING CHAPTER 30 "ZONING" , SECTION 30-18 "OFF-STREET PA~ING ~GULATIONS", SUBSECTION (F) "PARKING REQUIREMENTS" (2) (a) "COM~RCIAL" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO ~DUCE THE PARKING ~QUIRE~NTS FOR BUSINESS AND PRO- FESSIONAL OFFICES HAVING A TOTAL FLOOR AREA IN EXCESS OF 3,000 SQUA~ FEET AND FURTHER A~NDING SUBSECTION (F) "PA~ING ~QUIREMENTS" (2)(b) "COM~RCIAL" OF THE CODE OF ORDINANCES OF THE CITY OF DEL~Y BEACH , FLORIDA, BY ADDING BUSINESS ~D PROFESSIONAL OFFICES HAVING 3,000 SQUA~ FEET OR MO~ OF TOTAL FLOOR AREA; PROVIDING A SAVING CLAUSE; PROVIDING ~ EFFECTIVE DATE. The City Attorney read the caption of the ordinance. ~. Perry moved for the adoption of Ordinance No. 14-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: 5~. Bird - Yes; ~. Campbell - Yes; ~. Jackel - Yes; ~. Perry - Yes; Mayor Young - Yes. Said ~tion passed with a 5 to 0 vote. Mayor Young declared the meeting ad3ourned at 10:40 P.~i. City Clerk ATT E ST: MAYOR - 17 - 02/14/84 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 February 14, 1984, which minutes were formally approved and adopted by the City Council on '~~-~'~F~. ~ City Clerk NOTE~TO'~READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes o~ 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. - 18 - 02/14/84