Loading...
10-09-84 OCTOBER 9~ 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 7:05 P.M., Tuesday, October 9, 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 Reverend Frank Reiff, First Baptist Church. 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 September 25, 1984 and the Special Meeting of Septem- ber 18, 1984, seconded by Mr. Bird. Said motion passed unanimously. 5.a.1. Mr. Kelly Brown, Principal of Carver Middle School, stated that land, space and facilities for recreation are scarce and because of this scarcity it is also expensive. The need for additional recrea- tional and open space in the City has been recognized for some time. He would like to offer Council a means of providing recreational facil- ities, for a significant segment of the community, at a very low cost. There are approximately ten acres of fairly level, clear, fertile land immediately south of Carver Middle School; this land lies useless in the afternoons, weekends, summer and at night. He is proposing that Council enter into a project to renovate this area. The financial support of this project would be shared by the County School Board and the City. The School Board is prepared to contribute $45,000 to this project and they are proposing that Council match this sum, or allocate the expend- iture of a greater sum, which he will ask the Board to match. Mr. Bird moved that Council accept the proposal, in concept, and request that the School Board, at their earliest convenience, send them a document to review at a workshop meeting so Council can be as comfortable with the specificity of it as Mr. Brown is, seconded by Mrs. Horenburger. Said motion passed unanimously. Before roll call, Mr. Jackel questioned where the funding for this project would come from. Mr. Bird suggested they discuss this further at a workshop meeting. Mr. Weatherspoon stated he would like Council to consider the source of funding to come from the Parks impact fund. At this point the roll was called to the motion. 5.a.2. Mr. Donald Crawford, 155 W. Congress Street, Detroit, Mich- igan, representing Mr. John Jawor, stated Mr. Jawor was one of the individuals who communicated with the City concerning the lease of the golf course. When they were requested to submit a letter of intent they did not go into a full proposal as they felt the proper way would be to submit a sealed proposal. He feels, in fairness, Council needs the fullest information on everyone who might be interested; they should request proposals, in the sealed form, in which the various applicants could submit information on their professional background, etc. Mr. John Jawor spoke before Council and outlined his pro- fessional background and qualifications. 5.a.3. Mr. Bob Hutzler stated this February there is going to be a major tennis tournament in Delray for which temporary bleachers will be built. There will also be a considerable increase in traffic flow on Linton Boulevard. He questioned if this is something which would be considered as falling under a Development Regional Impact status. Mayor Campbell stated it will be the City's primary respon- sibility to address this in issuing any permits for the temporary struc- tures. 5.b.1. Mr. Jackel moved to appoint Steve Rubin as a regular member to the Board of Adjustment, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.b.2. Mrs. Horenburger moved to appoint Mr. Tore Wallin as a regular member to the Code Enforcement Board, seconded by Mr. Jackel. Said motion passed unanimously. 5.b.3. Mr. Bird stated that a resume has been received from Catherine Brunson who has expressed an interest for one particular board but has indicated a willingness to serve on any board. He suggested that Mr. Weatherspoon contact her and ask if she would be interested in serving on the Board of Adjustment to the position Mr. Rubin has va- cated. Mayor Campbell stated he believed Council's intent was that they would not replace alternate members on this board. 5.b.4. Mr. Bird stated he has been requested to bring up the sub- ject of train whistles tonight. In view of the fact that they do not allow train whistles to blow in Boynton and Boca Raton it is felt that Delray should not allow them either. Mr. Bird moved to instruct staff to investigate the ordi- nances in Boynton and Boca Raton and draw up an ordinance in conformance with those and present it to Council at the earliest possible opportu- nity, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.b.5. Mr. Bird stated Council has received a proposal made by the Planning and Zoning Department which has been of some concern to him. They are doing a massive rewrite of their plan; however, some of the good ideas are not being brought to Council piecemeal. The Planning and Zoning Board is waiting until the whole plan is completed. The idea he is referring to is that site and development plans, in excess of 5,000 square feet, be reviewed by Planning and Zoning. He suggested that Council make a policy, pending conclusion of the rewrite and final adoption within the ordinance, to reference the plans back to the Build- ing Department. The City Attorney advised that would be permissible for those people who have not pulled permits. Mr. Bird moved that Council make a policy, pending con- clusion of the rewrite and formal adoption within the ordinance, to reference those plans, which have not been issued permits, back to the Building Department, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.b.6. Mayor Campbell read a proclamation proclaiming the month of October as "National Head Start Awareness Month". Ms. Peggy Hollis, Community Action Council, came forward and accepted the proclamation. 5.b.7. Mayor Campbell presented Mr. Tore Wallin with a plaque in appreciation and gratitude of ten years of wisdom and dedication to the Planning and Zoning Board. - 2 - 10/9/84 5.b.8. Mayor Campbell stated they have had a lot of people who have given so much good service to the City over the last several years. He acknowledged Mr. Willard Young, former Mayor of Delray. Mr. Bird presented Mr. Young a plaque in appreciation of his dedication and service to the City. 5.c. There were no Non-Agenda items by the City Attorney. 5.d.1. The City Manager requested that Item 18 on the Consent Agenda be removed as the newspaper, inadvertently, did not publish the notice of exchange for the second time as required by law. 5.d.2. The City Manager requested that the ratification of SCRWTD Board action relative to authorizing execution of the Certified Welding Engineers contract be added to the agenda. Mr. Bird moved to ratify the SCRWTD Board action relative to authorizing execution of the Certified Welding Engineers contract in the amount of $15,700, seconded by Mr. Weatherspoon. Said motion passed unanimously. With regard to Item 18, Mr. Bird requested that this item be placed on a Special Meeting agenda for next week. The City Attorney advised the resolution has to be advertised once a week for two con- secutive weeks. However, if they can place the advertisement in tomor- row's paper they could take action on this item next Friday, October 19th. Mayor Campbell stated if they have to abide by this tech- nicality the person who needs the resolution could rely on the fact that Council will reaffirm their consensus of opinion. The City Attorney stated he will relay the consensus and publish the resolution so they can have a Special Meeting on October 19th at 5:15 P.M. 6. Mr. Jackel moved for approval of the agenda with the excep- tion of Item 24 to be reworded "reappointment" and the deletion of Item 18 from the Consent Agenda, seconded by Mr. Bird. Mr. Jackel amended his motion to include the removal of Item 16 from the Consent Agenda and placed on the Regular Agenda as Item 26.a., Mr. Bird amended his second. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 77-84 - Zoning Ordinance Amendment - Reduction of Front Building Setback. Ordinance No. 77-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to reduction of front build- ing setback by five feet for lots located on a cul-de-sac, 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. 77-84: 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, BY AMENDING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" BY ADDING A NEW SUBSECTION (O) TO REDUCE THE FRONT BUILDING SETBACK BY FIVE (5) FEET FOR LOTS LOCATED ON A CUL-DE- SAC; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 77-84 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. - 3 - 10/9/84 Mr. Weatherspoon moved for the adoption of Ordinance No. 77-84 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. 8. Ordinance No. 79-84 - Delint Center Rezonin~. Ordinance No. ~9-84, relative to rezoning an 86.423-acre parcel of land from PRD-4 (Planned Residential District) to SAD (Special Activities District) for Delint Center, a proposed mixed use development, is before Council for consideration on Second and FINAL Reading. The property is located south of Linton Boulevard between 1-95 and Lindell Boulevard. 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. 79-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY ZONED PRD-4 (PLANNED RESIDENTIAL DISTRICT) , IN SAD (SPECIAL ACTIVITIES DISTRICT), BEING AN 86.423 ACRE PARCEL OF LAND, MORE OR LESS, LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD BETWEEN LINDELL BOULEVARD AND INTERSTATE 95, SAID LAND LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 43 EAST; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983"; PROVIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 79-84 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. Mrs. Susan Hostetler, 1522 Audubon Boulevard, questioned why Council did not follow the recommendations of the Planning and Zoning Board and allowed this project to be only 107 feet off the highway and what happened to the emergency exit which would have come out on Dot- terel Road. She is also concerned about the additional traffic which will be created. Mr. Robert Stump, 2726 Carnation Court, on behalf of the Coalition for Good Government, stated they are not against progress or the Delint project, per se. However, they would like to re-emphasize their concerns about the density of this property. He questioned who is going to pay, for what may eventually be necessary in the road network improvements, if the City fails to take the overall effect into account now. The City has already had the opinion of one traffic expert who said, based on the Delint project, it would require a widening of the ramps on 1-95. The estimated cost of widening the ramps is approx- imately 1-1.5 million dollars; he questioned who is going to pay for this. They feel the City must look at the whole southwest area, not on a project by project basis, and the time to do that is now. Mr. Ro~er Boos, Linton Ridge Circle, congratulated the Planning and Zoning Board and Council for considering this project. He feels this type of development is what the City needs for a tax-base and jobs. Mr. Scott Tiernan, 1312 Lake Drive, and Mr. Jim Strochel, 1498 Audubon Boulevard, spoke in favor of this project citing employment opportunities and a good tax base for the City. The public hearing was closed. - 4 - 10/9/84 Mr. Jackel stated he is going to vote for this project but only under certain conditions; he would like to see amendments made to this ordinance tonight, not at any future date. The ordinance states there will be no more than 264 residential units; he would like this amount reduced to 192. Mayor Campbell questioned if they fix an exact number of units, is Council precluded from readdressing that, or can they by sending it to the Treasure Coast Council, indicate their preference. The City Attorney stated they will have to give the Treasure Coast Council an absolute maximum; however, he does not feel they need to legally set a specific number. Mrs. Horenburger stated she went on record at the last meeting as saying she would like to see the number of units per acre as being 10 or under. She would like to ask the applicant what they are willing to negotiate with Council with regard to the number of units. Mr. McMurrian stated, in reviewing' the area, most of the developments are at a minimum of 10 units per acre; they will concede to 10, which will be 240 units. Mrs. Horenburger stated she would prefer to see a clearer compromise and suggested perhaps 9.5 units per acre. It was the consensus of Council to approve 9.5 units per acre which would allow the developer to build 236 units; the developer should understand this will not be readdressed later after it goes to the Treasure Coast Council. The City Attorney clarified that Section 2, subparagraph (s) of this ordinance will be modified to reflect that the residential density be no greater than 9.5 units per acre, which equates to 236 units. Further, that Section 3 be modified so that the site plan ap- proval, which is being referred to in Section 3, would refer to a site plan modified in accordance with that subsection as to reflect the number of units. Mr. Jackel stated another condition he would like to see in the ordinance is that the certificate of occupancy, including temporary c.o.'s, should not be issued until S.W. 10th Avenue is widened to four lanes and Linton Boulevard is widened to six lanes. Mrs. Horenburger stated it is her understanding that until the conditions are met there will be no c.o.'s issued. Mayor Campbell stated in the agreement it could b~ understood that there will be no c.o. until Linton Boulevard has been six-laned. Mr. Bird stated, assuming the developers have done their share, he would agree with that. However, he questioned what would happen if the County suddenly pulled all the impact funds off Linton Boulevard. They would be asking the developer to take an action which is contingent upon another political body. The City has an agreement with Palm Beach County which states they will construct it if the City raises the money. Mr. Jackel stated he would also like the developer to adhere to the latest ordinance on accessibility for the handicapped at the time the building permits are pulled. The City Attorney advised the devel- oper must comply with the technical codes as of the date they pull the permits. Mr. Jackel stated under Section 4 of the ordinance there is an either/or. He would like to strike (1) and approve (2). It was the consensus of Council to agree to this suggestion. Mr. Jackel stated he would not like to see any bays in these office buildings unless they are facing inwards. - 5 - 10/9/84 Mr. McMurrian stated their intent, at this time, is not to put any bays in this development; however, if they do have a tenant who would need one then they feel it should be up to the developer to decide where it should be. Mr. Bird questioned if the developer would accept that all bay locations will be screened from sight from the perimeter. Mr. McMurrian stated he would have no problem with that. Mr. Jackel stated the last condition he would like to see is no industry or laboratory producing toxic waste. Mayor Campbell stated he feels they could implement an ordinance before the developer pulls a building permit. The City Attor- ney advised they do presently have an ordinance which restricts in- dustrial waste. Mr. Jackel requested that the City Attorney bring before Council an amendment to the present ordinance changing the wording from industrial waste to toxic waste. After discussion, Mr. McMurrian, representative for the developer, and City Council agreed to the following changes: Section 2. (n) That the developer shall construct S.W. 10th Avenue as a 4-lane ~v~e~-~ba~-see~e~ roadway with bike lanes from Linton Boulevard to Lindell Boulevard. (p) The developer recognizes that ~--~½½--~m~-~f- roadway improvements associated with the traffic generated from this project has have not yet been finally determined. Prior to the issuance of any building permits, the developer will agree to con- struct such additional on-site and off-site traffic improvements as may be required by City Council in accordance with its land development regulations. (s) That the residential density be no greater that ~ 9.5 units per acre ~4-~s~ (236 units). (u) Any bay doors shall be completely screened from off- premises ~round level view from adjacent residential property. Section 3. That the development of the property described in Section 1 is to be in accordance with the approved site and develop- ment plans, as modified by the conditions listed in Section 2, re: Delint Center, Delray Beach, Florida, prepared by Currie/Stubbins and Associates, A.I.A., P.A., Architects/Planners, 355 N.E. 5th Avenue, Delray Beach, Florida, 33444, Sheet Nos. 1, lA, 2, 2A and 5L5, dated September 14, 1984; and Sheet Nos. 1L5, 2L5, 3L5, 4L5, and 6L5, dated September 5, 1984; and Sheet Nos. 3A10, 4Al0, 5Al0, 6Al0, 7Al0, 8Al0, 9Al0, and 10Al0, dated August 1, 1984; and prepared by Paramount En- gineering Group, Engineers, Boca Raton, Florida, Sheet Nos. 1E, 2E, and 3E, dated August 13, 1984; all as amended (by Section 2 above); all of which are incorporated by reference and made a part hereof and upon which the City has relied in granting this approval. Section 4. This ordinance and the approval granted here- under is subject to the following additional conditions: Prior to d~~-~~-e~ commencing any development on the property legally described under Section 1 of this ordinance, the property owner shall e~%he~ submit a Development of Regional Impact application in regard to the project ..... etc. - 6 - 10/9/84 Mr. Bird moved for the adoption of Ordinance No. 79-84 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 - Xes. Said motion passed with a 5 to 0 vote. Mayor Campbell declared a recess the time being 8:43 P.M. The meeting was reconvened the time being 8:48 P.M. 9. Ordinance No. 80-84 - Palm Beach County Fire Code. Ordinance No. 80-84, exempting the City from the operation and effect of the "Palm Beach County Fire Code" (County Ordinance No. 84-3) by repealing said ordinance within the City, 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. 80-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXEMPTING THE CITY OF DELRAY BEACH, FLORIDA, FROM THE OPERATION AND EFFECT OF THE "PALM BEACH COUNTY FIRE CODE" (COUNTY ORDINANCE NO.84-3); BY REPEAL- ING SAID ORDINANCE WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR THE NON-CODIFICATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 80-84 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. 80-84 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. Mr. Bird requested that the City Manager schedule for a workshop meeting a discussion of the City's adopted fire codes and their sequence of applicability. He feels there is not much uniformity as they were adopted at different times. CONSENT AGENDA The following items are to be considered by Council as the Consent Agenda: 10. Request for Solicitation of Funds - Community Chest Ser- vices, Inc. Council is to consider approving solicitation of funds from February 1 through February 28, 1985. Approval is recommended. 11. Request for Solicitation of Funds - Amara Shrine Temple~ A.A.O.N.M.S. Council is to consider approving solicitation of funds from November 5 through November 19, 1984. Approval is recommended. 12. Police Facility Needs Assessment Contract. Council is to consider acceptance of a contract between the City and Marion J. Varner for Police facility needs assessment. Approval is recommended. 13. 1984 Resurfacin~ Pro~ect. Council is to consider the award of a contract to the low bidder, Pavex Corporation in the amount of $144,900 for resurfacing of a number of streets within the City, with funds to come from reserve for street resurfacing from 1983/84 budget. Approval is recommended. - 7 - 10/9/84 14. Odor Control Study Facilities for L. S. 50, 80 and 1. Coun- cil is to consider authorization of retrofit for three wet well air ~crubbers in the amount of $100,000. Russell & Axon engineering and inspection costs will be $17,630. Funds are to come from the 1983/84 budget. Approval is recommended. 15. Mandatory Garbage Collection in County. Resolution No. 79-84, expressing the appreciation of the City Council to the Palm Beach County Board of Commissioners for enacting mandatory garbage collection within unincorporated Palm Beach County, is before Council for con- side ration. The caption of Resolution No. 79-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE APPRECIATION OF THE CITY COUNCIL AND THE CITIZENS OF DELRAY BEACH FOR THE PALM BEACH COUNTY COMMISSIONS ACTIONS IN ENACTING MANDATORY GARBAGE COLLECTION ~;ITHIN UNINCORPORATED PALM BEACH COUNTY; PROVIDING FOR THE FURNISHING OF COPIES OF THIS RESOLUTION. (Copy of Resolution No. 79-84 is on file in the official Resolution Book ) 17. Nuisance Abatement. Resolution No. 81-84, assessing costs for abating nuisances in accordance with Sections 13-12 and 13-13 on two parcels, is before Council for consideration. The caption of Resolution No. 81-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS IN- CURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PRO- VIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PRO- VIDING FOR THE MAILING OF NOTICE OF LIEN. (Copy of Resolution No. 81-84 is on file in the official Resolution Book ) 19. Alley Abandonment - Tropic Isle Tradin~ Center. Resolution No. 83-84, abandoning a 17' x 21' alley within the Tropic Isle Trading Center, subject to the acceptance and recordation of an easement deed in place of the alley, located south of Linton Boulevard, between Dixie Highway and South Federal Highway, is before Council for consideration. The caption of Resolution No. 83-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY OF IRREGULAR WIDTH VARYING FROM 17 FEET TO 21 FEET, AND 418 FEET IN LENGTH, WITHIN THE TROPIC ISLE TRADING CENTER, AS RECORDED IN PLAT BOOK 25, PAGE 35 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LOCATED SOUTH OF LINTON BOULEVARD, BETWEEN DIXIE HIGHWAY AND SOUTH FEDERAL HIGH- WAY. (Copy of Resolution No. 83-84 is on file in the official Resolution Book) 20. Easement Deed - Tropic Isle Trading Center. Council is to consider acceptance of an easement deed in place of the alley within Tropic Isle Trading Center, subject to the abandonment of the alley. This was approved 6-0 by the Planning and Zoning Board. - 8 - 10/9/84 Mr. Jackel moved for approval of the Consent Agenda, as modified, seconded by Mrs. Horenburger. Said motion passed unanimously. REGULAR AGENDA 21. Delray Beach Municipal Golf Course. Council is to consider selection of leasee for the Municipal Golf Course. Mayor Campbell stated, that after continuing his efforts to do some investigation, he does not feel he is in a position to make a final selection; there are still some questions he feels need to be asked of certain applicants. He would also like staff to continue doing some background information. Mrs. Horenburger concurred with Mayor Campbell's statement; however, she feels they should narrow the field and then do a more indepth investigation. Mr. Weatherspoon stated he also feels, based on additional information he has received, that they should narrow the field to three and do a further investigation into their backgrounds and qualifica- tions. Mr. Jackel stated he is ready to make a decision tonight; prolonging this any further is not doing a service to the golfers. Mayor Campbell stated, if it is the consensus to reduce the list to three people, they could each put three names on paper and the people with the most number of votes shall be the three they will con- sider and further investigate. In the process they will be going through, he feels they should rank the final selections as they have not finalized the final lease; they do need to get the appropriate bid from the applicants and see whether or not they can reach an agreement. Upon question by Mr. Bird, Mayor Campbell advised the or- ganization of the list will be done next week. The City Manager stated, for the purpose of record and because Mr. Dale has dropped out, they should publicly announce the five people who were selected at the last meeting. The City Manager an- nounced the following five applicants: Gene Stout R.L. Carson Laurie Hammer and Bob Murphy Franklin Code House John Byron and George Beaulieu Mr. Miles E~an, representing some golfers from the golf course, stated with Mr. Dale now off the list he would hope Council would consider Mr. Jawor. Upon question by Mayor Campbell, the City Attorney advised if they were to add Mr. Jawor to the list they would have to notify all the other applicants that they also have the opportunity. Mr. Sam Rosenbaum, 3130 N.W. 10th Place, stated instead of shortlisting they should do a good investigation and then short list the five applicants to three. Mrs. Horenburger stated she agrees with Mr. Rosenbaum and feels they should investigate all five applicants before shortlisting. Mr. Weatherspoon concurred with Mrs. Horenburger. It was the consensus of the majority of Council to keep the list to five names, investigate those five applicants further and hope- fully make a vote next week at a Special Meeting prior to the workshop meeting. - 9 - 10/9/84 22. Non-Conforming Use Status and related matters concerning Marina Delray. The following items are to be considered by Council relative to the Marina Delray: "A. Consideration and a decision concerning your continued non- conforming use status and for further direction to the City Administra- tion as to whether or not you shall be permitted to continue operation thereafter; B. Either a termination as of 12.01 a.m. on October 10, 1984, of the temporary certificate of occupancy with no subsequent renewal, or the resolving of the temporary certificate of occupancy should the City Council direct the City Administration that as to documents for review relative to non-conforming use, your non-conforming use status may be continued; and, C. Consideration of your request to permit the dolphins, docks and piers, which now rest on the submerged City property and which encroach upon the setbacks as required by the City of Delray Beach Code of Ordi- nances in the Zoning Code section, may be permitted to remain (and if the City Council decides that they shall not, then the offending docks, dolphins and finger piers shall be removed no later than 5:00 p.m. on October 31, 1984)." The City Attorney stated, at Council's direction at their meeting on September 18th, he sent a letter to the Marina Delray in- dicating to them what Council's consensus was at that meeting. The letter stated (1) that the Marina Delray had to provide to the City, as of Thursday, October 4, 1984, at 5:00 P.M., certain materials dealing with their non-conforming use status as a restaurant, bar or hotel/ motel, (2) that they were to provide tax forms, if at all, by that date, (3) that it would be a waiver on their part if they did not do so, (4) they were to provide a restrictive covenant in a form recordable and acceptable by the City, (5) a fully executed agreement by that date and (6) an amended bond. As to those items, he has been informed by the Assistant City Attorney that no further documentation has been provided dealing with non-conforming use status as of that deadline. The ex- ecuted restrictive convenant in a form acceptable and the executed agreement have been submitted; however, the amended bond was not pro- vided by the deadline. The City Attorney suggested that the first topic to be discussed tonight should be his opinion on the non-conforming use status. The City Attorney outlined the events which took place and brought about the question of the non-conforming use status. Marina Delray was required to provide documentation which would prove to the City that the non-conforming use status had not lapsed. He advised as of the deadline of October 4th at 5:00 P.M., they have received a great deal of documentation and added that the Marina Delray and their attor- neys, Mr. Brody and Mr. Greenwald, have been extremely cooperative in attempting to get it. However, what they have received is of concern to him; there are at least two periods of time where the documentation does not indicate that a continuation of the hotel/motel, bar or restaurant function was happening on the site. They have provided sales tax re- ceipts for certain periods of time, but those sales tax records do not cover the two gap periods which are of the most concern to him. The City Attorney stated that Marina Delray is going to raise a concern that the City is somehow now estopped from raising the lack of their non-conforming use status and that the City has somehow waived that. This will be a concern if it results in any judicial proceeding; however, this is a concern Council will have to address based on the building permits which the City issued. Upon question by Mayor Campbell, the City Attorney stated, in his opinion, there has not been sufficient documentation submitted to show that the non-conforming uses were being utilized continuously without having a 180 calendar day gap through the last three years. - 10 - 10/9/84 Mayor Campbell stated, if that is the City Attorney's opinion and Council concurs, then the temporary certificate of occupancy should be terminated. Council now has to make a determination whether they are going to take the City Attorney's recommendation or they could get into more detail as to the evidence. The City Attorney stated the action of revoking the c.o. and enforcing the zoning code would be up to the Chief Building Official, City Manager and the City Attorney's Office. Upon question by Mr. Bird, the City Attorney stated in his request for documentation they did specifically ask that Marina Delray obtain and present to Council copies of their sales tax records for the periods under consideration; however, their response was that they were not able to obtain them. Mr. Stephen Greenwald, representing Booi Services, owner and operator of Marina Delray, advised that at his request Ms. Barbara Hall, Assistant City Attorney, called the Department of Revenue to verify that they would not release sales tax records to them. They have provided a number of documents; however, with regard to the question of proving the liquor and food was consumed at the Marina Delray, he does not even know how to prove when and who used them. He feels that Booi Services should not be penalized for something when they did not even own the property at the time the City Attorney is concerned with. Mr. Brian Brod¥, consulting attorney for Booi Services, advised last Thursday he presented the Assistant City Attorney with a box of receipts. After going through the records they came up with a period of 178 days which were unaccounted for. The City Attorney stated, for the record, that he is not saying that, in fact, it is true the non-conforming use failed to func- tion during that 180 day period; they have just been unable to get proof sufficient to show that that did not occur. He also feels it is impor- tant for Council to know that his decision or opinion was based upon the fact that most of the documentation which was submitted did not have a locale on them. The main two gap periods which occurred were May through November of 1982 and for that period of time they have some utility bills and some food and beverage checks which are not dated and not site specific. In the 1983 period they are talking about, January through July, they do have some food and beverage checks from the begin- ning of 1983; however, between then and July they have absolutely no documentation until they get to the end of July 1983. This documenta- tion at the end of July shows that somebody was paid employee compensa- tion on July 28th. Marina Delray has extrapulated it forward to mean that someone had to have been working at the beginning of that pay period on July 21, 1983. He does not agree with that; he is not saying that is not true, he is just unconvinced that the documents prove that it was not 187 days. Mr. Bird stated he is absolutely convinced that the present or previous owners of Marina Delray did not do anything so foolish as to neglect to file their state sales tax. He feels there is no easier proof to find than two months of operation. He will acknowledge that apparently there is some problem in getting them released, but he does not feel it is impossible. Mr. Bird moved that they extend the temporary c.o. until December 1, 1984, and ask the petitioner to cooperate with the City's staff and collectively go to the State and obtain the sales tax re- ceipts, seconded by Mr. Jackel. Upon roll call Council voted as fol- lows: Mr. Bird - Yes; Mrs. Horenburger - No; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 3 to 2 vote. Before roll call the following discussion was had: Mr. Weatherspoon stated there is the possibility they were not in business for 180 days. He stated if it is the City's intent to shut them down they should do that now, not extend this any further. If not, then they should allow them to operate their business. - 11 - 10/9/84 Mr. Jackel stated he would be willing to go along with Mr. Weatherspoon and let them operate; however, he has not heard either side tonight prove their point absolutely. He feels they should compromise and allow th~ some more time. He would be very uncomfortable if this were to end up going through the court system. Mrs. Horenburger stated the City has extensive codes dealing with the non-conforming use of a lot of properties in the City. The idea of the non-conforming use status was to not allow things to exist forever as they were inappropriate for their area. She feels it would be poor policy to begin to compromise the zoning codes. At this point the roll was called to the motion. 23. Solid Waste Authority Transfer Station. Council is to consider the following requests relative to improvements to the Transfer Station: A. Waiver of standard conditional use procedures subject to the con- ditions imposed by staff and any additional conditions imposed by Coun- cil after review. B. Approval of the plans in accordance with the lease requirement. C. Extension of the time for submitting the plat until issuance of the certificate of occupancy. Mr. Sam Barker, Barker, Osha, Anderson, presented the site plan and explained what the proposed improvements will be. Mr. Paul Nicoletti, attorney for the Solid Waste Authority, stated they are agreeing to conditions A. and B.; however, with regard to C., they do have some reservations. They would like the City to abandon the West E1 Be plat which exists on the property now. Council has already approved of the replatting, so rather than extend the sub- mitting of a replat until the time the c.o. is issued they feel it would be in everyone's best interests to go ahead and abandon the plat, then come back and replat. They are asking this be part of Council's con- sideration tonight. Mr. Bird moved to approve the improvements requested by the Solid Waste Authority, subject to the amendment requested by their counsel, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to 1 vote. Before roll call the following discussion was had: Mr. Weatherspoon questioned why the SWA is requesting the City to waive the standard conditional use procedures with regard to the size of the pipes; he feels they should adhere to the City's codes. Mr. Barker advised there will only be a limited amount of wastewater generated from the site. If they put in the full size facil- ity required by the City there will be some odors and detention in the water; if they go with the smaller facility they will be able to get it out faster. Mayor Campbell stated he would prefer not to have the trans- fer station in that location; however, if they are going to have it there he would require not only landscaping but an absolute tree line surrounding the project. At this point the roll was called to the motion. 24. Appointments - Planning and Zonin~ Board. Council is to consider the reappointments of two members to the Planning and Zoning Board of Theodore Carey and Jack Kellerman to terms ending September 28, 1986. - 12 - 10/9/84 Mr. Jackel moved to reappoint Theodore Carey and Jack Kellerman to terms ending September 28, 1986, seconded by Mr. Bird. Mrs. Horenburger stated, with regard to Mr. Carey's appoint- ment, he has already served one three year term. This new term should be for only one year in order to come into line with the new policy. Mrs. Horenburger made a substitute motion to reappoint Jack Kellerman to a term ending September 28, 1986 and Theodore Carey to a term ending September 28, 1985, seconded by Mr. Weatherspoon. Said motion passed unanimously. 25. Appointment - Planning and Zoning Board. Council is to consider the appointment of a member to the Planning and Zoning Board to a term ending September 28, 1986 with the following names to be con- sidered: Catherine Brunson Mark David Joseph Bell Robert Currie Plus any names that Council cares to submit. Mr. Bird moved to appoint Mr. Robert Currie to the Planning and Zoning Board to a term ending September 28, 1986, seconded by Mrs. Horenburger. Said motion passed unanimously. 26. Ordinance No. 81-84 - Site Plan Modification - Pelican Harbor Shoppes. Ordinance No. 81-84, amending Ordinance No. 43-81 which established an SAD (Special Activities District) for Pelican Harbor Shoppes relative to increasing the floor area from 13,400 square feet to 13,646 square feet, redesigning the buildings into a single structure, and reorienting the parking from the rear to the front of the building, is before Council for consideration on First Reading. The property is located at the northeast corner of South Federal Highway and Tropic Isle Drive. If passed, Public Hearing will be held October 23rd. The City Manager presented Ordinance No. 81-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43-81 WHICH ESTAB- LISHED AN SAD (SPECIAL ACTIVITIES DISTRICT) FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND TROPIC ISLE DRIVE, BY AMENDING SECTION 2, CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVALS, BY REPEALING SUBSECTION (d) RELATIVE TO PROVIDING RIGHT-OF-WAY FOR FREDERICK BOULEVARD PRIOR TO ISSUANCE OF BUILDING PERMITS AND SUBSECTION (f) RELATIVE TO ACCESS FROM FEDERAL HIGH- WAY BEING INGRESS ONLY AND THE FINAL DESIGN OF THE EN- TRANCE BEING DETERMINED BY FLORIDA DEPARTMENT OF TRANS- PORTATION; ENACTING A NEW SUBSECTION (d) RELATIVE TO LOCATION OF BIKEPATH AND SIDEWALK BEING DETERMINED IN FINAL DESIGN ALONG WITH ALTERATIONS IN TROPIC ISLE DRIVE AND MADE A PART OF FINAL PLAT SUBMITTAL; ENACTING A NEW SUBSECTION (f) RELATIVE TO A WATER DISTRIBUTION LAYOUT BEING SUBMITTED WITH FINAL PLAT SHOWING A FIRE HYDRANT %4ITHIN 250 FEET OF THE BUILDING; BY REPEALING SECTION 3 AND ENACTING A NEW SECTION 3 RELATIVE TO REDESIGNATING THE APPROVED SITE PLAN AND COMPLETION OF THE PROJECT IN nCCORDANCE WITH THE APPROVED SITE AND DEVELOPMENT PLANS; SAID LAND BEING THAT PORTION OF "TROPIC ISLE HARBOR ~HOPPING CENTER", AS RECORDED IN PLAT BOOK 25, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 81-84 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. - 13 - 10/9/84 26.a. (Item 16). Annexation Request - Southeast Corner of the Inter- section of Avenue "L" and South Federal Highway (Isuzu MotorS). Resolu- tion No. 80-84, requesting permission from the Palm Beach County Board of Commissioners to rezone an 0.986 acre parcel subject to SAD (Special Activities District), is before Council for consideration. It is zoned CG (General Commercial), in part, and RM (Residential Medium Density), in part, in the County and is designated C (Commercial), in part, and MF-6 (Multiple Family), in part, on the City's Land Use Plan. The City Manager presented Resolution No. 80-84: 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 CG-GENERAL COMMERCIAL, IN PART, AND RM-RESIDENTIAL MEDIUM DENSITY, IN PART, TO THE CITY'S ZONING CLASSIFICATION SAD (SPECIAL ACTIVITIES DISTRICT). (Copy of Resolution No. 80-84 is on file in the official Resolution Book) The City Manager advised that this resolution reflects the changes requested by Council at a previous meeting when this was dis- cussed. Mrs. Horenburger moved for the adoption of Resolution No. 80-84, 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. 27. Ordinance No. 82-84 - Isuzu Motors Annexation. Ordinance No. 82-84, relative to annexing an 0.986 acre parcel, subject to SAD (Special Activities District), located at the southeast corner of the intersection of Avenue "L" and South Federal Highway, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 13th. The City Manager presented Ordinance No. 82-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 40 THROUGH 54, INCLUSIVE, BLOCK 32, 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, LESS THE RIGHT-OF-WAY FOR U.S. HIGHWAY NO. 1, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, SAID LAND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF AVENUE "L" AND SOUTH FEDERAL HIGHWAY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 82-84 on First Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote. 28. Ordinance No. 83-84 - Isuzu Motors Rezonin~. Ordinance No. ~'~'84, relative to rezoning an 0.986 acre parcel from CG (General Com- mercial), in part, and RM (Residential Medium Density), in part, (County) to SAD (Special Activities District), is before Council for consideration on First Reading. It is designated C (Commercial), in part, and MF-6 (Multiple Family), in part, on the City's Land Use Plan. If passed, Public Hearing will be held November 13th. - 14 - 10/9/84 The City Manager presented Ordinance No. 83-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND PRESENTLY IN THE COUNTY OF PALM BEACH WITH COUNTY ZONING OF CG-GENERAL COMMERCIAL, IN PART, AND RM-RESIDENTIAL MEDIUM DENSITY, IN PART, IN THE CITY ZONING SAD (SPECIAL ACTIVITIES DISTRICT), BEING A 0.986 ACRE PARCEL OF LAND, MORE OR LESS, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF AVENUE "L" AND SOUTH FEDERAL HIGHWAY, SAID LAND BEING LOTS 40 THROUGH 54, INCLUSIVE, BLOCK 32, DEL-RATON PARK, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR U.S. HIGHWAY NO. 1; GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983 "; PRO- VIDING FOR VOIDING OF BUILDING PERMITS; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Weatherspoon moved for the adoption of Ordinance No. 83-84 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. 29. Ordinance No. 84-84 - Amending Code - Floor Elevations. Ordinance No. 84-84, amending Chapter 9 "Buildings and Construction" of the Code of Ordinances relative to floor elevations, is before Council for consideration on First Reading. If passed, Public Hearing will be held October 23rd. The City Manager presented Ordinance No. 84-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CON- STRUCTION", ARTICLE II, "BUILDING CODE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 9-17, "AMENDMENTS AND ADDITIONS TO CODE", SUBSECTION 105.4 (b) , "PLOT DIAGRAM", RELATIVE TO GRANTING A VARIANCE TO THE FLOOR ELEVATION OF LESS THAN 18" ABOVE THE CRO~ OF THE ROAD BUT ABOVE THE 100 YEAR FLOOD OR NATIONAL INSURANCE MINIMUM ELEVATIONS UPON APPROVAL BY THE CITY ENGINEER OR ASSISTANT CITY ENGINEER; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption .of the ordinance. Mr. Weatherspoon moved for adoption of Ordinance No. 84-84 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. With regard to Item 21, Mr. Weatherspoon questioned if staff is going to check into the five applicants and provide Council with their findings. The City Manager stated they are going to be doing some background checks and call the references indicated on their applica- tions. - 15 - 10/9/84 Mayor Campbell declared the meeting adjourned at 10:17 P.M. - -~ City ~lerk 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 October 9, 1984, which minutes were for- mally approved and adopted by the City Council on z~.~.. /~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 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. - 16 - 10/9/84