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06-26-84 JUNE 26~ 1984 A regular meeting of the City Council of the City of Delray Beach, Florida, was called to order by Mayor Doak S. Campbell in the Council Chambers at City Hall at 7:00 P.M., Tuesday, June 26, 1984. 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 Doctor E. Wallace Mast, Church of the Palms. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mrs. Horenburger moved for approval of the minutes of the Regular Meeting of June 12, 1984 and Special Meetings of May 29, 1984 and June 5, 1984, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.a.1. Mr. David Nathanson, 1945 N.W. 13th Street, outlined the documentation provided to him by City management and staff which is the basis of his presentation tonight. Also, he publicly thanked Mr. Pontek and Mr. Blanton for their courteousness and frankness. Mr. Nathanson made a presentation on behalf of the Coalition for Good Government expressing its strong opposition to actions taken by Council on May 22, 1984 and June 12, 1984 to provide water service west of Military Trail, to provide for potential annexation of those areas granted City water and to extend the reserve annexation area west to the E-3 Canal. He noted that Council policy has been that the western boundary of the City is the center of Military Trail and that no in-depth study has been done to indicate the merits or demerits of this type of decision. They be- lieve the decisions of Council on May 22nd and June 12th are ill-advised, incorrect and detrimental to the citizenry of Delray Beach. The Coalition for Good Government strongly urges Council to take the following three actions: (1) that tonight Council rescind its decisions of May 22, 1984 and June 12, 1984 with respect to water and sewer service west of Military Trail, particularly to the E-3 Canal; (2) that Council authorize a complete in-depth study of all the facets relating to extension of water service to the reserve annexation area as previously constituted as well as to the E-3 Canal, and that this study be prepared by an eminently qualified engineering/planning firm other than Russell & Axon; (3) that this entire matter be placed on the March 1985 ballot for a decision by the voters of Delray Beach as it is the residents who should rightfully determine their City borders and who should determine if their potable water requirements are adequate. Mayor Campbell stated that Mr. Nathanson's comments will be taken under consideration. 5.a.2. Mr. Veltry, Rainberry Bay, read the following statement into the record: "The Villas area of Rainberry Bay Subdivision has its dumpsters serviced by Waste Management Corp. In accordance with a contract between the City of Delray Beach and Waste Management Corp., garbage in this area is to be picked up each Wednesday and Saturday. Last Saturday, June 9, our dumpsters were not emptied. One day later, Sunday, June 10 they were filled to overflowing. On Monday, June 11, calls were made to Waste Management. Their response, in a very cavalier and indifferent manner, was, 'we know about it and will take care of it when we can.' There was no pickup on Monday. By this time garbage was all over the area sur- rounding the dumpsters. On Tuesday, June 12, calls were made to the City Manager's office requesting help in this emergency. As a result of these calls, a pickup was made late Tuesday evening. This is not the first time an incident such as this has occurred. If, for any unfore- seen reason it must happen, then a pickup should be made on the next working day rather than waiting for the next regularly scheduled pickup day. Bear in mind that we are dealing with raw garbage in subtropical climate with the many health and vermin hazards this entails. We thank you for your kind consideration of this matter and hope you take what- ever action is necessary to avoid any future occurence." 5.b.1. Mr. Jackel stated that at the request of Dan Mica's office he would like to make a motion. Mr. Jackel moved that Council authorize the Mayor to write to Dan Mica's office and give their feelings regarding the housing project for migrant workers, at which time Mr. Mica will take appropri- ate action in their behalf, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.b.2. Mr. Jackel moved to appoint Jack Kellerman to the Planning & Zoning Board to replace Digby Bridges who has resigned, seconded by Mr. Weatherspoon. Mr. Bird concurred with the recommendation but suggested they talk with Mr. Kellerman first and defer final action to their first regular meeting in July, placing it on that Consent Agenda. Council concurred. Mr. Jackel withdrew his motion and suggested that if any Council member has a question about this nomination that they contact Mr. Kellerman when he returns around July 4th. Mr. Bird stated that generally they have included an archi- tect on that Board and he would not like that deficiency to go on over a long period of time as he feels the P&Z Board has a need for that kind of expertise. He suggests they consider that in any future vacancy that might occur. Mr. Jackel concurred. 5.b.3. In response to the request made by Mr. Nathanson, Mr. Jackel stated that he cannot make the motion because he was in the minority when the vote was taken. Mrs. Horenburger moved to authorize an in-depth study and that the study be prepared by an engineering firm other than Russell & Axon, seconded by Mr. Bird. Said motion passed unanimously. Before roll call the following discussion was had: Mr. Bird pointed out that they have an on-going process whereby those firms interested must come forth and provide Council with their credentials to be the City's engineering consultants. He suggests for this study that they either select a firm from those who compete and are not selected or give the job to the new consultant, if it is someone other than Russell & Axon. Mr. Nathanson stated that this is a serious situation which the City can no longer delay. Mr. Bird stated that his suggestion will be the quickest way to get this done. Upon question by Mayor Campbell, Mr. McDaniel, Planner, advised that he knows of two pending applications west of Military Trail which will probably have to be considered by next month. Mayor Campbell suggested that they discuss this item further at next week's workshop meeting. The City Manager stated that he would also like to study other aspects in addition to water and sewer; any long range annexation that Council may be conceptualizing needs to be considered as well. - 2 - 06/26/84 Mr. Jackel noted that Mrs. Horenburger's motion included only one of Mr. Nathanson's requests; nothing was said about the other two requests. Further, he was unaware that they were taking bids for a new consulting firm and questions this. Regarding the other requests, Mrs. Horenburger stated that she doesn't feel they have made any binding decisions and would like to see the study completed. At this point the roll was called to the motion. It was the consensus of Council to discuss this further at the next workshop meeting. 5.b.4. Upon question by Mr. Weatherspoon, the City Manager replied that the people running the Pro Shop at the City golf course are City employees. 5.b.5. Mrs. Horenburger stated that she was asked to poll Council for comments with regard to the forming of a Palm Beach County Erosion Control District. Mayor Campbell stated that if there is going to be a dis- trict set up, there should not be any discrimination between the beach communities and the non-beach communities as to any assessment. Mrs. Horenburger advised that funding has not been discussed yet; at this point they are trying to decide whether there should be a county-wide policy or not. Mrs. Elizabeth Matthews, 1024 White Drive, suggested that if county-wide beach restoration should come about, it should be on the basis that any community which has beach restoration must allow its beaches to be open on an equal basis to all of the public the same as Delray does. The reason for this is because their own beach is over- whelmed and they cannot handle more people. They need to discuss better controls for their beach. 5.b.6. Mrs. Horenburger stated that she receives numerous com- plaints about trash. As far as she can see Waste Management doesn't have any answers. The City is spending a lot of time and money on enforcement and they still have illegal trash piles all over. She asked the City Manager to look into this to consider the possibility of the City resuming some kind of trash service and bring a plan back to Council. 5.b.7. Mrs. Horenburger asked Council to consider asking the P&Z Board to review the SAD ordinance and come back with recommmendations for Council. She feels the SAD ordinance is being abused. Developments that could come in under the five commercial zoning categories are coming in under SAD where they really don't have parking standards and other standards. Also, they are seeing increased densities in residen- tial developments. Mayor Campbell concurred and suggested they pass this on to the P&Z Board and request they look at the SAD ordinance as to curtail- ing its present use in light of past zoning practices of the City. Mr. Bird added that they may need to look at SAD's interrelationship with those other zoning categories. Mayor Campbell stated that they will have full authority to look at it in depth. 5.b.8. Mrs. Horenburger asked Council to direct the City Attorney to prepare a resolution asking the County Commissioners to adopt the City's sign code on properties under their jurisdiction within the City's corporate limits and reserve area. The City Attorney advised that a resolution is scheduled for Council's agenda on July 10th. 5.b.9. Mrs. Horenburger asked if any member of Council wishes to be considered for the position of Solid Waste Authority liaison for the Municipal League. Mr. Bird clarified that this particular position will be assigned by the Municipal League. Normally, from this position, people are then assigned to the Solid Waste Authority at a time when an opening is created; that is done by Legislative delegation. - 3 - 06/26/84 Mayor Campbell stated that if any Council Members are inter- ested they should let the City Manager know. 5.b.10. Mayor Campbell spoke in regard to the terms of their Board and Committee members. When this was discussed by Council it was felt that their terms should not exceed those of Council members, two years. The City Attorney advised that a complete overview memo will be in Council's package on Friday. 5.c.1. The City Attorney requested that Ordinance No. 51-84 on First Reading be added to the agenda. 5.c.2. The City Attorney requested that Ordinance No. 52-84 on First Reading be added to the agenda. 5.c.3. The City Attorney requested that Resolution No. 50-84 be added to the agenda. 5.c.4. The City Attorney stated that they have distributed to Council an agreement between William R. Hough & Co. and the City for them to act as underwriters for the City's upcoming $28,000,000 Water & Sewer Bond Issue. This formalizes the selection and sets forth some of the time frames that obligates them to make their bid, etc. Mr. Bird moved to approve and authorize execution of the agreement subject to the City Attorney's final approval and approval of the Finance Department, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.c.5. The City Attorney advised that they need to replat the City owned property near Miller Park on which the transfer station sits. Because of some problems with the current platting of the property, they are required to give the Solid Waste Authority a cleaner piece of prop- erty. Mr. Bird moved to authorize the City Manager to enter into an agreement with a surveying/planning group at a fee not to exceed $1500 to prepare the necessary survey and plat, seconded by Mr. Weather- spoon. Said motion passed unanimously. 5.c.6. The City Attorney reported that the City is almost complete- ly self-insured on their workers compensation claims. In this parti- cular case they have a claim by Gregory Wilson which they wish to settle and to authorize a settlement cap of $15,000. Their workers compensa- tion specialist, Elsie Shepherd, has recommended that they do so. Mrs. Horenburger moved to settle this claim, seconded by Mr. Weatherspoon. Said motion passed unanimously. The City Attorney asked Council if they want to see these cases on an individual basis or authorize the City Administration to settle claims up to a certain valuation. It was the consensus of Coun- cil to discuss this at a workshop meeting. 5.d.1. The City Manager requested that the Job Training Partnership Act be added to the agenda. 6. Mr. Jackel recommended that Item 33, Clean Air Ordinance, be moved to the beginning of the regular agenda as Item 2la. Further, he believes there's been an oversight. At their last workshop someone on Council nominated David Cohen as an alternate businessman to the Code Enforcement Board. He would request this be an addition to Item 16. Mayor Campbell suggested that they consider Mr. Cohen's appointment next week. Mr. Weatherspoon requested that Item 20 be removed from the Consent Agenda and become Item 2lb on the regular agenda. Mayor Campbell requested that Item 17 become Item 21c of the regular agenda. - 4 - 06/26/84 Mayor Campbell clarified that Items 17 and 20 have been pulled from the Consent Agenda. On the regular agenda Item 2la is the Clean Air Ordinance, Ordinance No. 51-84 on First Reading; Item 2lb is the site plan approval for Sherwood Honda (formerly Item 20); Item 21c is the site plan approval for Delray Beach Motors (formerly Item 17); Item 33 is the Job Training Partnership Act; Item 34 is Resolution No. 50-84, the bond resolution amendment; Item 35 is Ordinance No. 52-84 on First Reading, the Linton Square rezoning. Mr. Jackel moved for agenda approval as stipulated, seconded by Mr. Bird. Said motion passed unanimously. PUBLIC HEARING Mr. Weatherspoon stepped down for the duration of Item 7. Ratification of Sale of City Property. A public hearing has been scheduled to be held at this time to consider ratification of sale of Lots 19 and 20, Block B, Westside Heights Subdivision to Durante- Strock, Inc. in the amount of $8,000. 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 ratification, seconded by Mrs. Horen- burger. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Before roll call, the City Attorney stated that he assumes it is standard division of closing cost expenses on the transaction and that by such ratification Council has deemed that this is surplus prop- erty available for sale. Council concurred. At this point the roll was called to the motion. 8. Ordinance No. 39-84 - Chan~in9 the City's Land Use Plan D~si~nation (Botos). Ordinance No. 39-84, relative to changing the City's Land Use Plan designation in the Comprehensive Plan for Lots 29 through 46, Block 37, Del-Raton Park, located south of Tropic Boulevard between Federal Highway and Dixie Boulevard, 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. 39-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE CITY'S LAND USE PLAN DESIG- NATION IN THE COMPREHENSIVE PLAN FOR LOTS 29 THROUGH 46, INCLUSIVE, BLOCK 37, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 14, PAGES 9 AND 10, LOCATED SOUTH OF TROPIC BOULEVARD BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, FROM MF-15 MULTIPLE FAMILY TO C-COMMERCIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 39-84 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. Mrs. Horenburger moved for the adoption of Ordinance No. 39-84 on Second and FINAL 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. - 5 - 06/26/84 9. Ordinance No. 40-84 - Botos Rezonin~. Ordinance No. 40-84, r~lative to rezoning Lots 36 through 44, Block 37, Del Raton Park, subject to SC (Specialized Commercial) District, located south of Tropic Boulevard between Federal Highway and Florida Boulevard, is before Council for consideration on Second and FINAL Reading. Prior to con- sideration 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. 40-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT IN SC (SPECIAL- IZED COMMERCIAL) DISTRICT, LOTS 36 THROUGH 44, INCLUSIVE, BLOCK 37, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 14, PAGES 9 AND 10. SAID LAND IS LOCATED SOUTH OF TROPIC BOULEVARD BETWEEN FEDERAL HIGHWAY AND FLORIDA BOULEVARD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 40-84 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. Mr. Bird moved for the adoption of Ordinance No. 40-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 10. Ordinance No. 42-84 - Sherwood Honda Annexation. Ordinance No. 42-84, relative to annexing a 4.69-acre parcel, subject to SC (Spe- cialized Commercial), located north of Avenue "L" between South Federal Highway and Dixie Highway, 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. 42-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 36 THRU 46, INCLUSIVE, BLOCK 3; LOTS 1 THRU 44, INCLU- SIVE, BLOCK 9; THAT 10 FOOT ALLEY RIGHT OF WAY IN BLOCK 9 LYING WEST OF LOTS 11 AND 44 AND EAST OF LOTS 1 THRU 10, INCLUSIVE; THAT 10 FOOT ALLEY RIGHT OF WAY IN BLOCK 9 LYING EAST OF LOTS 22 & 33 AND WEST OF LOTS 23 THRU 32, INCLUSIVE; THAT PART OF THE SOUTH HALF OF THE RIGHT OF WAY FOR AVENUE J LYING EAST OF DIXIE BLVD. AND WEST OF U.S. HIGHWAY NO. 1; LESS THE EAST 2 FEET OF LOTS 23 THRU 32, BLOCK 9, FOR ROAD RIGHT OF WAY, ALL IN DEL RATON PARK, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14 AT PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LAND IS LOCATED NORTH OF AVENUE "L" BETWEEN SOUTH FEDERAL HIGHWAY AND DIXIE HIGHWAY, 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; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 42-84 is on file in the official Ordinance Book) - 6 - 06/26/84 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. Bird moved for the adoption of Ordinance No. 42-84 on Second and FINAL Reading, seconded by Mr. Jackel. Upon roll call Coun- cil 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. 11. Ordinance No. 44-84 - Amendin~ Code - Alarm Systems. Ordi- nance No. 44-84, amending Chapter 2 "Administration" of the Code of Ordinances relative to the Code Enforcement Board's jurisdiction to hear and decide cases involving alarm systems, is before Council for con- sideration 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. 44-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION" , ARTICLE VI, "CODES ENFORCEMENT", OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2-102· "APPLICABILITY", TO PROVIDE FOR THE CITY OF DELRAY BEACH'S CODE ENFORCEMENT BOARD TO HAVE JURIS- DICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLA- TIONS OF CHAPTER 2.5, "ALARM SYSTEMS", ARTICLE I; PRO- VIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 44-84 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. 44-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 12. Ordinance No. 45-84 - Amendin~ Code - Cable Television. Ordinance No. 45-84, amending Chapter 10 "Cable Television Franchise" of the Code of Ordinances relative to adding a second franchise holder, changing the bond requirements and providing liquidated damages clause, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Read- ing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 45-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 10, "CABLE TELEVISION FRANCHISE" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 10-2, "DEFINI- TIONS'' BY CHANGING THE DEFINITION OF GRANTEE TO REFLECT · TWO FRANCHISE HOLDERS, AND BY ADDING TWO NEW DEFINITIONS TO INDICATE GRANTEE I AND GRANTEE II AND REFLECT A NAME CHANGE FOR GRANTEE I; BY AMENDING SECTION 10-5, "TERRI- TORIAL AREA INVOLVED", TO DESCRIBE THE GEOGRAPHIC AREAS OF THE FRANCHISE GRANTED TO GRANTEE I AND GRANTEE II AND TO AMEND THE TITLE AND PROVIDE CRITERIA FOR CONSTRUCTION AND EXTENSION OF THE CABLE SYSTEM; BY AMENDING SECTION 10 -6, "LIABILITY AND INDEMNIFICATION", TO INCREASE THE SECURITY REQUIRED OF A FRANCHISE HOLDER FROM A $25,000 BOND TO A $75,000 BOND OR LETTER OF CREDIT; BY AMENDING SECTION 10-23, "FORFEITURE OF THE FRANCHISE" TO READ · "FORFEITURE OF THE FRANCHISE AND LIQUIDATED DAMAGES", AND - 7- 06/26/84 TO ADD PROVISIONS PROVIDING FOR THE FORFEITURE OF THE FRANCHISE OR A PENALTY FOR FAILING TO CONSTRUCT OR EXTEND SERVICE ACCORDING TO THE TERMS OF THE FRANCHISE; BY REPEALING SECTION 10-26, "DURATION AND RENEWAL OF FRAN- CHISE'', AND BY ENACTING A NEW SECTION 10-26, "DURATION AND RENEWAL OF FRANCHISE; APPLICATION AND RENEWAL FEES", TO PROVIDE FOR THE DURATION OF THE FRANCHISE GRANTED TO GRANTEE II AND TO PROVIDE A FEE FOR ALL FRANCHISE AP- PLICATIONS OR RENEWALS; BY REPEALING SECTION 10 -33, "SEVERABILITY", AND BY ENACTING A NEW SECTION 10-33, "SE VERABI LITY" , TO PROVIDE FOR RENEGOTIAT I ON OF ANY PROVISIONS OF THE FRANCHISE DECLARED INVALID OR UNCON- STITUTIONAL; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 45-84 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. 45-84 on Second and FINAL 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. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 13. Ratification of South Central Regional Wastewater Treatment and Disposal Board action. Council is to consider ratification of SCRWTD Board action of June 14th regarding the 82-83 O&h deficit. 14. Easement Deed - High Point, Sections 5 and 6. Council is to consider granting an easement deed to High Point, Sections 5 and 6 for maintenance and repair of existing drainage pipeline. Approval is recommended. 15. Appointment - Board of Adjustment. Council is to consider the appointment of Barbara Whittaker as an alternate member of the Board of Adjustment to a term ending March 15, 1986. 16. Appointments - Code Enforcement Board. Council is to con- sider the appointment of Michael Manning as a regular member of the Code Enforcement Board to a term ending January 14, 1987; Patricia Saunders as a regular member to a term ending January 14, 1985; Robert Lavalee as an alternate member to a term ending January 14, 1985; and Donald H. Elliott as a regular member to a term ending January 14, 1985. 18. Registrar and Paying Agent - Proposed City Water and Sewer Revenue Bonds~ Series 1984. Council is to consider appointing Barnett Bank as Registrar and Paying Agent for the 1984 Water and Sewer Bond Issue, with funds to come from the proceeds of the bond issue. Approval is recommended. 19. Photographic Supplies. Council is to consider award of a contract to Pitman Photo for photographic supplies for an approximate yearly cost of $12,600 for the Police, Engineering, Parks & Recreation, Development and Inspection Departments and City Horticulturist. Funds are to come from the 1984-85 departmental budgets. Approval is recom- mended. - 8 - 06/26/84 21. Rezonin~ Request - South of S.W. 10th Street between 1-95 and Germantown Road (The Seneca Group). Resolution No. 48-84, requesting permission from the Palm Beach County Board of Commissioners to rezone a 4.44-acre parcel to be annexed from IL (Light Industrial)(County) to LI (Light Industrial)(City), is before Council for consideration. The Planning Director recommends approval because the request is consistent with the Land Use Plan. The caption of Resolution No. 48-84 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 IL-LIGHT INDUSTRIAL TO THE CITY'S ZONING CLASSIFICATION LI (LIGHT INDUSTRIAL) DISTRICT. (Copy of Resolution No. 48-84 is on file in the official Resolution Book) Mr. Bird moved for adoption of the Consent Agenda less Items 17 and 20, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 21.a. Ordinance No. 51-84. Ordinance No. 51-84, relative to Palm Beach County's "Clean Indoor Air Ordinance", is before Council for consideration on First Reading. The City Manager presented Ordinance No. 51-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. 86-80 OF THE CITY OF DELRAY BEACH, FLORIDA, WHICH HAD EXEMPTED THE CITY OF DELRAY BEACH FROM THE OPERATION AND EFFECT OF PALM BEACH COUNTY'S "CLEAN INDOOR AIR ORDINANCE" (ORDINANCE NO. 80-10), AND THUS NOW MAKING SAID PALM BEACH COUNTY "CLEAN INDOOR AIR ORDINANCE" IN EFFECT AND OPERATIVE WITHIN THE MUNICIPAL LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA UPON THE ADOPTION OF THIS ORDINANCE ON SECOND AND FINAL READING; PROVIDING FOR NON-CODIFICATION OF THIS ORDI- NANCE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Jack Cannon, Chairman of the Lung Disease Prevention Committee of the American Lung Association and member of the Smoking and Health Committee, distributed handouts to Council members. Mr. Cannon described the purpose and the history of the Clean Indoor Air Ordinance. Mrs. Horenburger moved for adoption of Ordinance No. 51-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - No; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Mr. Bird stated that he objected before because he felt it was an unwarranted governmental intrusion and he still feels that way. He commends the Lung Association for all their hard work; however, he will vote no on Second Reading as well. 20. Site Plan Approval - Sherwood Honda. Council is to consider a request for site plan approval for Sherwood Honda, a proposed auto- mobile dealership. The property is located north of Avenue "L", between South Federal Highway and Dixie Highway. The P&Z Board approved this by a 4-0 vote (Ellis abstaining). Upon question by Mayor Campbell, Mr. Mike McDaniel, Planner, explained that there is a requirement from the Engineering Division that a dedication of additional right-of-way be made for the future expansion of Dixie Highway, that dedication being 50 feet off the western end of their property. - 9 - 06/26/84 Mr. Bird suggested, to be fair, that they ask the petitioner to donate half of that and further ask the petitioner to not erect any permanent structures on the other 25 feet. Then if the City ever takes that second 25 feet they will have to pay him for it. Mr. John Walker, Engineer, stated that the petitioner has already deeded the property. Mr. Bird felt that the problem of equity should be addressed further. Mayor Campbell suggested that they put on their workshop agenda consideration of their policy regarding right-of- way on Dixie Highway and he asked Mr. Walker to be prepared to make a presentation at that time. Mr. Bird moved for site plan approval for Sherwood Honda in accordance with the memo from the Planning Director, seconded by Mr. Weatherspoon. Said motion passed unanimously. 17. Site Plan Approval - Delra¥ Beach Motors. Council is to consider a request for site plan approval for Delray Beach Motors, a proposed automobile dealership, located south of Tropic Boulevard, between South Federal Highway and Florida Boulevard. The P&Z Board approved this by a 5-0 vote, subject to the following conditions: (1) Engineering Division's memorandum of May 7, 1984; (2) Director of Public Utilities' memorandum of May 16, 1984; (3) City Horticulturist's memorandum of May 15, 1984; (4) Fire Marshal's memorandum of May 8, 1984; (5) That all improvements be completed in accordance with the approved site plans; and, (6) That the time limitation of this approval pursuant to Section 30-22(E) of the Zoning Code be two years. Mayor Campbell explained that the reason he requested this be pulled from the Consent Agenda was so he could look at the site plan. Routinely, he has been requiring site plans on that side of Federal Highway to have a tree line buffer between any commercial and residen- tial properties. Council viewed the site plan at this time. Mr. Bird moved for site plan approval for Delray Beach Motors, seconded by Mrs. Horenburger. Said motion passed unanimously. 22. Replacement of Grass - Delray Beach Municipal Golf Course. Council is to consider award of a contract to Southern Turf Nurseries, Inc. for replacement of five fairways (3, 5, 16, 17 and 18) at a cost of approximately $26,000 and two greens (4 and 11) at a cost of approxi- mately $1,000. Southern Turf Nurseries, Inc., is the only company that can plant grass without closing the course for a week. Funds are to come from the 1983-84 budget. Upon question by Mr. Weatherspoon, Mr. Norbert Scott, Man- ager, explained the process Southern Turf uses called row planting; it is not planted by hand, it is planted by machinery. The City Manager added that although they won't have to close the course, they will need careful coordination. Mr. Jackel moved to award the contract to Southern Turf Nurseries as stipulated subject to review by the City Attorney's office, seconded by Mrs. Horenburger. Said motion passed unanimously. 23. N.W. 5th Avenue Improvements. Council is to consider ap- proval of final contract documents, specifications, construction plans and estimate of costs as prepared by Barker, Osha and Anderson for the N.W. 5th Avenue improvements program and authorize staff to solicit bids for construction. Mr. McDaniel recommended Council approval and requested Council authorization to go out to bid to begin the construction. He anticipates that once a contractor has been selected and the contract awarded by Council that they could have a small ribbon cutting ceremony on N.W. 5th Avenue. - 10 - 06/26/84 Mr. Jeff Renault, Barker, Osha and Anderson, made a pres- entation relative to the work they have done on this project. Upon question by Mayor Campbell, he advised that once the bids are received, they will evaluate them and make a recommendation to Council. Mr. Renault introduced Mr. Thaddeus Cohen, Peabody Chiles, who has been working with them on the architectural aspect of this project. Mr. Cohen presented sketches to Council. Mr. Bird moved to approve the seeking of bids for the N.W. 5th Avenue improvements, seconded by Mrs. Horenburger. Said motion passed unanimously. 24. Banking Services Evaluation. Council is to consider award of a contract for banking services agreement to Barnett Bank of Palm Beach County. The City Manager advised that staff has been able to put together an excellent proposal without the assistance of outside con- sultants which has saved the City quite a bit of money. They have received good responses from banking institutions in the City. He is very pleased and recommends Barnett Bank. Mr. Bird moved to authorize execution of the agreement subject to approval of the contract by the City Attorney's office, seconded by Hr. Jackel. Said motion passed unanimously. 25. Downtown Bypass. Council is to consider award of a contract to Pavex Corporation for downtown by pass project in the amount of $227,807.00, with funds to come fr~n the 1983-84 General Fund Capital Improvement Reserve Account. The City's share will cost $141,109.50 with the remaining $86,697.50 to be funded by Palm Beach County. Mr. Ken Ellin~sworth, Chamber of Commerce, requested that this project be done prior to the paving of Atlantic Avenue. Mr. Jackel stated it is his understanding that that contract has already been awarded to Hardrives and they are to start at the end of July. Mayor Campbell suggested that the City Manager contact Hardrives regarding this matter. Mr. Bird moved for award of the contract subject to approval by the City Attorney and to ask the Administration to undertake any liaison to put this project ahead of the Atlantic Avenue repaving, seconded by Mrs. Horenburger. Said motion passed unanimously. 26. Dual Taxation. Resolution No. 49-84, opposing Palm Beach County's levying of dual taxation, is before Council for consideration. The City Manager presented Resolution No. 49-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, IDENTIFYING SERVICES RENDERED BY PALM BEACH COUNTY WHICH PROVIDE NO REAL AND SUBSTANTIAL BENE- FIT TO PROPERTY OR RESIDENTS WITHIN THE CITY OF DELRAY BEACH AND WHICH ARE FINANCED FROM COUNTY-WIDE REVENUES AND ADVALOREM TAXES; PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO DEVELOP APPROPRIATE MECHANISMS TO FINANCE SUCH SERVICES PURSUANT TO SECTION 125.01(6)(a) AND (7), FLORIDA STATUTES; PRO- VIDING FOR APPROVAL OF KELTON STUDY AND TRANSMITTAL OF COPY OF SAID STUDY; AUTHORIZING AND DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 49-84 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 49-84, 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. - 11 - 06/26/84 27. Ordinance No. 46-84 - The Seneca Group Annexation. Ordinance No. 46-84, relative to annexing a 4.44-acre parcel, subject to LI (Light Industrial) zoning district, is before Council for consideration on First Reading. The property is located south of S.W. 10th Street, between 1-95 and Germantown Road. If passed, Public Hearing will be held on July 24th. The City Manager presented Ordinance No. 46-84: 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 SOUTH OF S.W. 10TH STREET, BETWEEN 1-95 AND GERMANTOWN 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. Jackel moved for the adoption of Ordinance No. 46-84 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. 47-84 - Zonin~ Ordinance Amendment - Adult Con- ~re~ate Livin~ Facilities. Ordinance No. 47-84, amending Chapter 30 "Zoning" of the Code of Ordinances to reduce the frontage requirement for adult congregate living facilities when proposed in a commercial zoning district, is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 10th. The City Manager presented Ordinance No. 47-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING" SECTION 30-17, "SUPPLEMENTARY REGULATIONS" SUBSECTION (T) ADULT CONGREGATE LIVING FACILITIES" (4), OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE FRONTAGE REQUIREMENT FOR ADULT CONGREGATE LIVING FACILITIES WHEN PROPOSED IN A COMMERCIAL ZONING DISTRICT; 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. 47-84 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. 29. Ordinance No. 48-84 - Zonin~ Ordinance Amendment - POI Professional, Office and Institutional District. Ordinance No. 48-84, amending Chapter 30, "Zoning" of the Code of Ordinances to create the POI District, is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 10th. The City Manager presented Ordinance No. 48-84: 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, ENACTING A NEW SECTION 30-15.3, "POI PROFESSIONAL, OF- FICE, AND INSTITUTIONAL DISTRICT" , PROVIDING FOR THE PURPOSE OF SAID POI DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID POI DISTRICT; PROVIDING FOR CRITERIA FOR LOT DIMENSIONS AND SITE AREA WITHIN SAID POI DISTRICT; PROVIDING FOR BUILDING SETBACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING - 12 - 06/26/84 AND LOADING REGULATIONS, WALLS AND FENCES, LANDSCAPING, SIGNS, AND SPECIAL REGULATIONS FOR SAID POI DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 48-84 on First Reading, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger -Yes; Mr. Jackel -Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Before roll call, Mr. Bird complimented the staff for taking this major step forward. At this point the roll was called to the motion. 30. Ordinance No. 49-84 - Zonin~ Ordinance Amendment - RL Low to Medium Density Dwelling District. Ordinance No. 49-84, amending Chapter 30 "Zoning" of the Code of Ordinances to create the RL dwelling district, is before Council for consideration on First Reading. If passed, Public Hearing will be held on July 10th. The City Manager presented Ordinance No. 49-84: 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, ENACTING A NEW SECTION 30-5.5, "RL LOW TO MEDIUM DENSITY DWELLING DISTRICT" PROVIDING FOR THE PURPOSE OF SAID RL DISTRICT; PROVIDING FOR THE PERMITTED AND CONDITIONAL USES IN SAID RL DISTRICT; PROVIDING FOR CRITERIA FOR LOT DIMENSIONS, SITE AREA, AND DENSITY COMPUTATION WITHIN SAID RL DISTRICT, INCLUDING DENSITY AND SITE AREA, MINI- MUM DIMENSIONS, EXCEPTIONS, DUPLEX CRITERIA; PROVIDING FOR AGGREGATE FLOOR AREA FOR ALL MULTIPLE FAMILY DWELLING UNITS IN SAID RL DISTRICT; PROVIDING FOR BUILDING SET- BACKS, GROUND FLOOR BUILDING AREA, TOTAL FLOOR AREA, BUILDING HEIGHT, PARKING AND LOADING REGULATIONS, WALLS AND FENCES, LANDSCAPING, SIGNS, TOWNHOUSES AND TOWNHOUSE DEVELOPMENT, AND MINIMUM SPACING BETWEEN BUILDINGS RE- QUIRESiENTS; PROVIDING FOR SPECIAL REGULATIONS, PARK AND RECREATION LAND DEDICATION, AND PERFORMANCE STANDARDS FOR SAID RL DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 49-84 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. 31. Ordinance No. 50-84 - South Congress Professional Center Rezoning. Ordinance No. 50-84, relative to rezoning a 0.61-acre parcel from RM-15 (Multiple Family Dwelling) District to SAD (Special Acti- vities District) to allow an expansion of the permitted uses within an existing medical office building, is before Council for consideration on First Reading. The property is located at the northwest corner of Congress Avenue and Lowson Boulevard. If passed, Public Hearing will be held on August 14th. The P&Z Board approved this by a 4-2 vote (Wallin and Vislocky dissenting). - 13 - 06/26/84 The City Manager presented Ordinance No. 50-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-15 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 0.61 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CON- GRESS AVENUE AND LOWSON BOULEVARD, SAID LAND BEING LOTS 1, 2 AND 3, GOLF PARK, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 26, PAGE 141, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR VOIDING OF BUILDING PER- MITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFEC- TIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger stated that she is opposed to this rezoning because (1) it is totally inappropriate for an SAD; (2) she disagrees with putting a commercial use where there is primarily residential use; and (3) Abbey Delray is across the street and she would be opposed to spot zoning this into an SAD. Mr. Beril Kruger, representing the petitioner, stated that across the street to the east it is zoned Industrial. He doesn't feel many people would build residential here. Abbey Delray is a large health care facility along with being residential. This type of busi- ness will fit into an SAD; it is also a type of business which is per- mitted in the RM-10 district now. Upon question by Mr. Jackel, Mr. Kruger advised that they object to condition #1 to eliminate two parking stalls. Upon question by Mayor Campbell, Mr. Kruger advised that the two parking lots in the rear are for employees. Mayor Campbell requested that that be a stipu- lation; that there be no commercial vehicles utilizing S.W. 20th Court. Discussion was had as to condition #1 which the applicant wants eliminated. Mr. Jackel moved for the adoption of Ordinance No. 50-84 on First Reading eliminating the condition listed as Section 2(b) of the ordinance and that the owner be notifed that they expect proper screen- ing of that area and to exclude commercial vehicles from the rear park- ing lot, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. 32. Exchange of Property. Council is to consider the possible exchange of one of three City-owned parcels of land with Pierre Tous- saint Haitian Catholic Center. Mayor Campell explained that the Archdiocese of Miami owns a piece of property near the cemetery that the Center cannot utilize for construction and they have asked that the City exchange property for that. The Archdiocese is willing to compensate the City for any dif- ference in value. Father Wenski stated that the Archdiocese has 5¼ acres; and are willing to trade that 54 acres for about 2 acres. Mr. Jackel suggested the property near S.W. 4th Street rather than the property near the Police Station. Mr. Bird suggested further that they use the southeast corner of the easternmost part. Council concurred. Mr. Bird moved to direct staff to prepare a description of the property, have that property appraised and then advertise the ex- change in the newspaper so that they can bring back the resolution authorizing the exchange at a formal meeting in July, seconded by Mrs. Horenburger. Said motion passed unanimously. - 14 - 06/26/84 33. Job Training Partnership Act. Council is to consider an agreement between the City and the Urban League of Palm Beach County to provide positions within its employ for the placement of JTPA eligible participants. Mr. Bird moved for approval, seconded by Mrs. Horenburger. Said motion passed unanimously. 34. Bond Resolution. Resolution No. 50-84, amending the bond r~solution, is before Council for consideration. The City Manager presented Resolution No. 50-84: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING RESOLUTION NO. 45-84, THE RESOLU- TION ENTITLED "A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $28,000,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING OBLIGATIONS; TO FINANCE THE COST OF CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IM- PROVEMENTS TO THE CITY'S COMBINED PUBLIC UTILITY; AND PROVIDING FOR THE TERMS OF THE WATER AND SEWER REVENUE BONDS, AND THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE WATER AND SEWER REVENUE BONDS", TO AMEND ARTICLE I , "DEFINITIONS , FINDINGS , AND STATUTORY AU- THORITY ", SECTION 1, "DEFINITIONS ", BY REPEALING PARA- GRAPH II, "SEWER SYSTEM" AND ENACTING A NEW PARAGRAPH II, "SEWER SYSTEM" TO AMEND THE DEFINITION OF WHAT CONSTI- TUTES THE "SEWER SYSTEM"; PROVIDING AN EFFECTIVE DATE. (Copy of Resolution No. 50-84 is on file in the official Resolution Book) Mr. Bird moved for the adoption of Resolution No. 50-84, seconded by Mr. Jackel. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. Mayor Campbell left the Council Chambers for the duration of Item 35 and Vice-Mayor Weatherspoon took the chair. 35. Ordinance No. 52-84 - Linton Square Rezonin~. Ordinance No. 52-84, zoning and placing land zoned LI District in SAD District, is before Council for consideration on First Reading. The property is located at the northeast corner of Linton Boulevard and Congress Avenue. The City Manager presented Ordinance No. 52-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT, IN SAD (SPE- CIAL ACTIVITIES) DISTRICT, BEING A 9.4 ACRE PARCEL OF LAND LOCATED AT THE NORTHEAST CORNER OF LINTON BOULEVARD AND CONGRESS AVENUE, SAID LAND LYING AND BEING IN SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDI- TIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR LAPSING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Wayne Peterson~ representing the applicant, made a pres- entation. He discussed the meetings that have been held and the prob- lems that they have had with the site plans because the site is narrow. The only layout that works is with the large food store at the south end of the property. They have developed a landscape buffer to compensate. He explained that the density is at an acceptable level. Regarding traffic, they propose to five-lane Congress Avenue for the entire length of their project. Mr. Peterson discussed aesthetics and described some of the materials and design they are using. - 15 - 06/26/84 Mr. David Street¢ President of Delray Estates Condominium, spoke in support of the proposed shopping center. Further, he advised that they sent a letter a few weeks ago which itemized the uses which they would like Council to consider eliminating if Council proceeds with this approval. They feel this is an attractive use for the land and is definitely more desirable than the current usage or many of the alter- native usages it could be put to. Upon question by Mr. Jackel, Mr. Street advised that he has discussed his letter with the developer and the developer is agreeable to the suggested changes. Mr. Sam Schwimer, representing Pines of Delray, spoke in support of the proposed shopping center and commended the developer for consulting with people in the community. Mr. Bob Stump, 2726 Carnation Court, discussed the traffic problem at Linton Boulevard and Congress Avenue. He spoke in opposition of a shopping center and in favor of a professional and institutional office designation (POI) for that site. He would like to see more input on a traffic impact study than what has been indicated. Mr. Raymond Gerner~ 1234 S. Congress Avenue, discussed the problem getting out of Rainbow Homes onto Congress Avenue. He feels this is a beautiful shopping center and is not opposed to it; however, he requests that some consideration be given to helping the people in the 123 homes of Rainbow Homes. Mr. Peterson discussed the results of the traffic impact study. He stated, in summary, what they want to bring to Delray Beach is (1) an aesthetically beautiful center based on the award winning center in Orlando; (2) a tax base of $50,000 - $70,000 a year for the City; (3) an upgrading in zoning that will protect the residents con- cerns about LI; (4) a neighborhood center which will provide an economic boost for local retailers and will provide jobs and (5) road improve- ments which will improve traffic conditions today from a level of service E to C. Mr. McDaniel made the following presentation: The layout of the buildings and parking is unsatisfactory in that: (1) the rear of the food store is located right on Linton Boulevard, a major thorough- fare of the City from 1-95. In his opinion this presents a poor image to those who live in the City as well as those who may be visiting. Upon question by Mr. Jackel, Mr. McDaniel stated that he feels the buffer is not sufficient. He continued as follows: (2) a total of 433 parking spaces have been provided on site; aside from the fact that this number of spaces may not be sufficient, of the 433 spaces, 111 are located behind the stores; thus, approximately 25% of the parking spaces provided will be of limited use to the center. This could create a parking problem; (3) the principal structure is laid out in a rough "U" shape in order to expose 910 linear feet of the storefront to Congress Avenue that is only 961 feet long. This is the epitome of strip development reminescent of shopping development of the 50's and 60's. As such, it is monotonous, unrelieved and without visual variety. Breaking the buildings up, providing a landscape and sitting plaza and avoiding the lock step association of parking stall to store front would provide a more ap- pealing and balanced development; (4) he is not in favor of the out parcel at the intersection corner with its drive through lanes exposed to the thoroughfare; he finds this unaesthetic and (5) he is not in favor of the cart corrals located throughout the parking area in front of the food store. Mr. McDaniel noted that he received a call today from a representative of Minto Builders who own the 40-45 acre tract on the southwest corner of Congress Avenue and Linton Boulevard. They asked him to express to Council that they are not in favor of this project and do not feel it is in keeping with plans that they might have for their property. - 16 - 06/26/84 Mr. Bird asked if the ordinance in its present form includes whatever agreement was worked out between the developer and Mr. Street, President of Delray Estates. Discussion was had in this regard. Mr. Peterson stated there were just two items in question; one was the dry cleaner and the other was a liquor store. Mr. McDaniel stated that the uses listed in the letter that are still on the list include: broadcasting studios, cocktail lounges, bars and package liquor stores, communication and transmission facili- ties, dry cleaning pick-up stations, laundromats, limited to self- service facilities, laundry pick-up stations, schools and storage build- ings. Mrs. Horenburger concurred with the comments made by Mr. McDaniel and added she feels the site plan is too intense for this site. Mr. Bird moved for the adoption of Ordinance NO. 52-84 on First Reading with the following changes - under Section 2, subsection (a) - the deletion of broadcasting studios, the deletion of laundromats, limited to self-service facilities, the elimination of schools, limited to art, business, dancing, driving, modeling and karate/judo, the elimi- nation of storage buildings for merchandise, when accessory to and lo- cated on the same parcel of land as the primary commercial use, and provided that such storage buildings are not shared or leased inde- pendent of the primary commercial use of the building, and to add an item under Section 2 to be labeled Item (o) to prohibit parking cart storage in parking spaces; also to add a caviat that Mrs. Horenburger's concern about the utilization of the parking spaces to the rear of the building is well founded and they request that the developer provide Council with a plan which will allay their concern about the safety of that area, particularly after dark, and to add the lighting as subsec- tion (p), seconded by Mr. Jackel. Upon roll call Council voted as follows: hr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Vice-Mayor Weatherspoon - Yes; Said motion passed with a 3 to i vote. Mayor Campbell returned to the Council Chambers at this time. Mayor Campbell declared the meeting adjourned at 10:10 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 June 26, 1984 which minutes were for- mally approved and adopted by the City Council on ~. /~/~ . ty Clerk NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 17 - 06/26/84