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11-13-84 NOVEMBER 13, 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 7:10 P.M., Tuesday, November 13, 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 Council Member Jimmy Weatherspoon. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. Mr. Bird moved for approval of the minutes of the Regular Meeting of October 23, 1984 and the Special Meeting of October 19, 1984, seconded by Mrs. Horenburger. Said motion passed unanimously. 5.a. There were no Non-Agenda items by Citizens. 5.b.1. Mrs. Horenburger advised the audience that Council will be discussing the subject of trash at next week's workshop meeting. 5.b.2. Mrs. Horenburger requested that the City Manager have staff review some of the problems they are having at the corner of N.E. 1st Avenue and N.E. 1st Street. Until the one-way pairings are completed she suggested they replace the other two stop signs. 5.b.3. Mayor Campbell read a proclamation proclaiming November 15, 1984 as "Career Day". 5.b.4. Mayor Campbell read a proclamation proclaiming the month of November, 1984 as "The 20th Anniversary of S.C.O.R.E.". Mrs. Kit Kirschenbaum came forward to accept the proclamation. 5.c.1. The City Attorney reported that they were in New York last week and successfully closed on the City's 28 million dollar bond issue. There are now approximately 24 million dollars in our coffers so that we may begin work on the projects which were part of the bond resolution. 5.c.2. The City Attorney advised Council has been furnished a memorandum which deals with the purchase of some computers which were in the budget for the City Attorney's Office. Although this is a budgeted line item, he is recommending that Council go with the second lowest bidder for the hardware and software on the basis that they are able to deliver basically tomorrow versus a delivery date of some time in Jan- uary. Further, the consultant, who is going to put them on line and do those things necessary to make the computers applicable to the depart- ment, is only available through the end of November. With Council's motion, he would recommend that they authorize the purchase of the hard- ware and software for the City Attorney's Office from Four International in the amount of $16,393, funding to come from the City Attorney's approved budget. Mr. Bird moved to accept the recommendations of the City Attorney's Office and award a contract for computer services, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.c.3. The City Attorney advised Council has been furnished a memorandum relative to filling the now open second Assistant City Attor- ney position. He is recommending the appointment of Sharon Delegal, from Fort Lauderdale, as the new second Assistant City Attorney to be effective November 14, 1984, at the salary and under the terms and conditions of employment as set forth in his memorandum to Council dated November 12, 1984. Mr. Bird moved to ratify the recommendation of the City Attorney, seconded by Mr. Weatherspoon. Said motion passed unanimously. 5.d.1. The City Manager stated soon after arriving in Delray Beach he found that the Finance Department was heavily involved in a program and were pursuing what is known professionally as a Certificate of Conformance. This is a highly prized award and a tribute to the com- munity if a City is able to achieve the Certificate of Conformance. They have been advised by the Governmental Finance Officers Association that the City of Delray Beach has been awarded a Certificate of Con- formance for its comprehensive annual financial report for the fiscal year ending September 30, 1983. He is extremely proud and pleased that the City of Delray received this Certificate. He presented a plaque for Financial Reporting Achievement to Mr. David Huddleston, Finance Direc- tor. 5.d.2. The City Manager advised he has received a letter from Mr. Robert Chapin requesting that the discussion of the Lavers project be postponed until November 27th. 5.d.3. The City Manager advised Council has been furnished a mem- orandum relative to the South County Drug Abuse Foundation. It has been past practice to fund this organization and this year they are request- ing $10,000. He is recommending, if Council wishes to continue funding the Foundation, that they award $8,000 from the Council contingency fund. Mr. Bird moved to authorize execution of an agreement with the South County Drug Abuse Foundation in the amount of $8,000, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.4. The City Manager advised in September Council received a request from the Community Action Commission relative to their funding. They were funded for the month of October and were told that at the end of October staff would have a report indicating the amount of funds which would be in reserve. The Community Action Commission is request- ing $30,000. Mr. Huddleston reported that at the end of the fiscal year they had a favorable variance of approximately $800,000 over the antic- ipated surplus. Mr. Bird moved that the funding for the CAC be taken from the unbudgeted reserve of last year, seconded by Mr. Jackel. Said motion passed unanimously. 5.d.5. The City Manager requested that Item 19 be removed from the Consent Agenda and placed on the Regular Agenda. 5.d.6. The City Manager stated his office and the City Attorney's Office have been in the negotiation process with Mr. Code House for the lease of the golf facility. The City Attorney stated they are in the latter stages of negotiation and have moved from the draft agreement to another draft which has been furnished Council this evening. However, there are still some major unresolved matters set forth in the agreement; not the least of which is the bonding and insurance requirements. Most of the terms and conditions have been agreed upon and some counter proposals which Mr. House and his attorney made have been accommodated and included in some form in the draft. The City Attorney outlined some of the tech- nical matters which are of most concern to him and are unresolved. - 2 - 11/13/84 The City Manager stated they do not want to give Council and Mr. House a contract that could be challenged as having a weakness in it. Philosophically, they have no concern with the contract; however, they do have a concern from a legal standpoint. Upon question by Mayor Campbell, the City Attorney stated they are going to continue to work on the problems. One of the most serious is structuring a security for the City and making the contract a doable thing. The City Manager stated they have a special meeting sched- uled next week before the workshop meeting and he would hope they could get their concerns resolved and move forward. Mr. Bird suggested they get a list from staff of the areas where there is specific disagreement and some indication as to whether it is (a) a legal concern or (b) they do not have a meeting of the minds. Mayor Campbell requested that this be placed on next week's agenda for further discussion. 5.d.7. The City Manager requested that Item 17 be removed from the Consent Agenda and placed on the Regular Agenda to be discussed with Items 11 and 12. 6. With regard to Item 36, Mayor Campbell stated he has made a promise to the Pension Board that this ordinance would go back to them as they did not see the final draft. They have scheduled a meeting to be held on Friday and he would like this ordinance postponed until the next regular meeting. Mr. Bird moved for approval of the agenda with the exception of Item 17 to be removed from the Consent Agenda and placed on the Regular Agenda to follow Item 12, Item 19 to be removed from the Consent Agenda and placed as first item on the Regular Agenda and Item 36 to be deleted from the Regular Agenda, seconded by Mr. Jackel. Said motion passed unanimously. PUBLIC HEARING 7. Ordinance No. 71-84 - Chan~in~ the City's Land Use Plan Designation (Scaltrito). Ordinance No. 71-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 2.65-acre parcel of land located at the northeast corner of S.W. 15th Avenue and S.W. 8th Street, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. Mr. Jackel left the Council Chambers at this time. The City Manager presented Ordinance No. 71-84: 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 3, 4, 5 AND 6, BLOCK 3, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SEC- TIONS "A" AND "B", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 171 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PARCEL OF LAND IN THE NORTH- WEST ONE-QUARTER (NW¼) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHEAST CORNER OF S.W. 15TH AVENUE AND S.W. 8TH STREET, FROM MF-15 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 71-84 is on file in the official Ordinance Book) - 3 - 11/13/84 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. 71-84 on Second and FINAL Reading, seconded by Mr. Weatherspoon. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. %~eatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Jackel returned to the Council Chambers at this time. 8. Ordinance No. 72-84 - Scaltrito Rezonin~. Ordinance No. 72-84, relative to rezoning a 2.65-acre parcel of land subject to LI (Light Industrial), located at the northeast corner of S.W. 15th Avenue and S.W. 8th Street, 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. 72-84: 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 LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 3, 4, 5 AND 6, BLOCK 3, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B ", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 171 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PARCEL OF LAND IN THE NORTHWEST ONE- QUARTER (NW¼) OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED AT THE NORTHEAST CORNER OF S .W. 15TH AVENUE AND S .W. 8TH STREET, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 72-84 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. 72-84 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. 9. Ordinance No. 73-84 - Chan~in~ the City's Land Use Plan besi~nation (Miller). Ordinance No. 73-84, relative to changing the City's Land Use Plan Designation in the Comprehensive Plan for a 1.69-acre parcel of land located on the north side of S.W. 10th Street and S.W. 15th Avenue, 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. 73-84: 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 1 THROUGH 8, INCLUSIVE, BLOCK 4, REPLAT OF DELRAY BEACH HEIGHTS EX- TENSION SECTIONS "A" AND "B" , ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COUR? IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 28, PAGE 171, LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 14TH AVENUE AND S.W. 15TH AVENUE, FROM MF-6 MULTIPLE FAMILY TO I-INDUSTRIAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. - 4 - 11/13/84 (Copy of Ordinance No. 73-84 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. 73-84 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. 74-84 - Miller Rezonin~. Ordinance No. 74-84, relative to rezoning a 1.69-acre parcel of land, subject to LI (Light Industrial), located on the north side of S.W. 10th Street, between S.W. 14th Avenue and S.W. 15th Avenue, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 74-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM-6 (MULTIPLE FAMILY DWELLING) DISTRICT IN LI (LIGHT INDUSTRIAL) DISTRICT, LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 4, REPLAT OF DELRAY BEACH HEIGHTS EXTENSION SECTIONS "A" AND "B", 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 28, PAGE 171. SAID LAND IS LOCATED ON THE NORTH SIDE OF S.W. 10TH STREET, BETWEEN S.W. 14TH AVENUE AND S.W. 15TH AVENUE AND AMEND- ING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 74-84 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. 74-84 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. 11. Ordinance No. 75-84 - Chan~in~ the City's Land Use Plan Designation (Lake Ida Professional Plaza). Ordinance No. 75-84, rel- ative to changing the City's Land Use Plan Designation in the Comprehen- sive Plan for a 7-acre parcel of land located at the northwest corner of Congress Avenue and Lake Ida Road, is before Council for consideration on Second and FINAL Reading. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been sched- uled to be held at this time. The City Manager presented Ordinance No. 75-84: 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 A PORTION OF THE EAST ONE HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LOCATED AT THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, FROM PRD-4 PLANNED RESIDENTIAL TO POI-PROFESSIONAL, OFFICE AND INSTITUTIONAL; AMENDING THE LAND USE PLAN; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 75-84 is on file in the official Ordinance Book ) - 5 - 11/13/84 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. 75-84 on Second and FINAL 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. 12. Ordinance No. 76-84 - Lake Ida Professional Plaza Rezoning. Ordinance No. 76-84, relative to rezoning a 7-acre parcel of land sub- ject to POI (Professional, Office and Institutional) District, located at the northwest corner of Congress Avenue and Lake Ida Road, 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. 76-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED PRD-4 (PLANNED RESIDENTIAL) DISTRICT IN POI (PROFES- SIONAL, OFFICE AND INSTITUTIONAL) DISTRICT, A PORTION OF THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST. SAID LAND IS LOCATED ON THE NORTHWEST CORNER OF CONGRESS AVENUE AND LAKE IDA ROAD, AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 76-84 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. 76-84 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. 17. Conditional User Site Plan Approval - Lake Ida Professional Plaza. Council is to consider a request for conditional use and site plan approval to allow a 54,712 square foot office center with drive-in bank at Lake Ida Professional Plaza, located at the northwest corner of Congress Avenue and Lake Ida Road. This was approved 7-0 by the Plan- ning and Zoning Board, subject to the following conditions: (1) Engineering Division's memorandum of August 20, 1984; (2) That provision for sanitary sewer be made at the time of platting in accordance with the Director of Public Utilities' memorandum of August 14, 1984; (3) That the only conditional use to be permitted hereunder is a drive-in facility for the bank; (4) That all improvements be completed in accordance with the approved plans; and (5) That the time limitation of this approval be eighteen (18) months pursuant to Sections 30-21(E) and 30-22(E) of the Zoning Code. Mr. Jackel stated when he went to the Planning Department to look at this site plan and asked for the traffic study he was told it had not been done. However, on the plan it stated the study would be done upon submission of the plat; he would like to see the traffic study before they approve the plat. - 6 - 11/13/84 Mayor Campbell advised the developer cannot do any substan- tial building before the plat is approved; it is a requirement of the plat that the traffic study be done. Mr. Church, City Engineer, stated when they receive an application for a development of this size he has his staff look at it from a traffic point of view. They do an analysis of the traffic which would be generated and review closely the details of the internal cir- culation and the outside portion. They realized the size of this proj- ect did not warrant the traffic impact analysis; there may be some turning lanes needed off-site and this could be put together with the final plat. Upon question by Mr. Jackel as to how someone exiting from either entrance of this proposed site will turn left, Mr. Church advised they will not be allowed to make a left turn. Mrs. Glen Strickland, Rainberry Estates, stated there are 457 planned homes in this subdivision and one entrance 500 feet from the intersection of Congress Avenue and Lake Ida Road. She feels there should be some more on-site observations made as to the traffic situa- tion, especially in the mornings. Mr. Ro~er Saberson, representing the developer, advised they have no objection to a right turn only at that location. Mayor Campbell stated he has consistently requested that there be a solid tree line separating any type of commercial development from a residential development so as to protect the properties. Mr. Saberson stated they would be willing to do whatever the City prefers. Mr. Bird moved to approve the conditional use and site plan approval with the addition of the landscape requirements reiterated by Mayor Campbell, seconded by Mrs. Horenburger. Said motion passed unan- imously. 13. Ordinance No. 82-84 - Isuzu Motors Annexation. Ordinance No. 82-84, relative to annexing an 0.70-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 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. 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. (Copy of Ordinance No. 82-84 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. - 7 - 11/13/84 Mr. Jackel moved for the adoption of Ordinance No. 82-84 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. 14. Ordinance No. 83-84 - Isuzu Motors Rezoning. Ordinance No. 83-84, 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 Second and FINAL Reading. It is designated C (Com- mercial), in part, and MF-6 (Multiple Family), in part, on the City's Land Use Plan. 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. 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 AN 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. (Copy of Ordinance No. 83-84 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. 83-84 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. 15. 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 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. 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 CROWN OF THE ROAD BUT ABOVE THE 100 YEAR STORM 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. - 8 - 11/13/84 (Copy of Ordinance No. 84-84 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. 84-84 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. 16. Ordinance No. 95-84 - Zoning Ordinance Amendment - Voca- tional Schools. Ordinance No. 95-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to changing the status of vocational schools from conditional use to permitted use within commercial zoning districts, 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. 95-84: 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 30-10 "CC (COMMUNITY COMMERCIAL) DIS- TRICT'' (C) "CONDITIONAL USES" BY REPEALING SUBSECTION (6) AND AMENDING (B) "PERMITTED USES" TO CHANGE THE STATUS OF CERTAIN VOCATIONAL SCHOOLS FROM CONDITIONAL USE TO PER- MITTED USE; BY AMENDING SECTION 30-11 "GC (GENERAL COM- MERCIAL) DISTRICT" (C) "CONDITIONAL USES" BY REPEALING SUBSECTION ( 18 ) AND AMENDING (B) "PERMITTED USES" TO CHANGE THE STATUS OF CERTAIN VOCATIONAL SCHOOLS FROM CONDITIONAL USE TO PERMITTED USE; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" (C) "CON- DITIONAL USES" BY REPEALING SUBSECTION (19) AND AMENDING (B) "PER~IITTED USES" TO CHANGE THE STATUS OF CERTAIN VOCATIONAL SCHOOLS FROM CONDITIONAL USE TO PERMITTED USE; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DIS- TRICT'' (C) "CONDITIONAL USES" BY REPEALING SUBSECTION (19) AND AMENDING (B) "PERMITTED USES" TO CHANGE THE STATUS OF CERTAIN VOCATIONAL SCHOOLS FROM CONDITIONAL USE TO PERMITTED USE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 95-84 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. 95-84 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: 18. Request for Solicitation of Funds - Delray Beach Rocks Youth Foo~tball. Council is to consider approving solicitation of funds on November 17, 1984. Approval is recommended. - 9 - 11/13/84 20. Anhydrous Ammonia. Council is to consider an award of a contract to the low bidder, Bower Ammonia Chemical Company for bulk anhydrous ammonia at $ .20 per pound. This is a one-year bid award and the estimated annual usage will amount to between $7,000 and $10,000. Approval is recommended. 21. Forcemain 6lA. Council is to consider an award of a con- tract to the low bidder, Gateway Construction, in the amount of $105,628 for installation of a 6" sewer forcemain along the west side of Military Trail to replace an existing 4" forcemain in conflict with road widen- ing. Funds are to come from the 1983/84 Utility Reserve Funds. Ap- proval is recommended. 22. Motorcycles - Police Department. Council is to consider an award of a contract to the low bidder, Ft. Lauderdale Kawasaki in the amount of $16,185 for three Police motorcycles with rotary beacons. Funds are to come from the 1984-85 budget. Approval is recommended. 23. Final Plat Approval - Sherwood Honda. Council is to con- S~"der a request for final plat approval for Sherwood Honda, an approved automobile dealership, located north of Avenue "L" between South Federal Highway and Dixie Highway. This was approved 6-0 by the Planning and Zoning Board. 24.... Conditional Use~ Site Plan Approval Extension - Congress Park South. Council is to consider a request for an 18 month extension of the conditional use and site plan approval for Congress Park South, an approved planned commerce center, located south of Atlantic Avenue, between the E-4 Canal and Congress Avenue. The current approval will expire on November 24, 1984. This was approved 6-0 by the Planning and Zoning Board. 25. Replat of Lots 120 and 121~ Tropic Isle~ 2nd Section. Council is to consider a request for final plat approval for a replat of Lots 120 and 121 in Tropic Isle, 2nd Section. The property is located on the east side of Florida Boulevard, between Avenue "A" and Avenue "C". This was approved 6-0 by the Planning and Zoning Board. 26. Replat of a Portion of Pelican Harbor~ Phase Three. Council is to consider a request for final plat approval for a replat of Lots 149 thru 155, inclusive, within Pelican Harbor, Phase Three. The prop- erty is located within the Pelican Harbor development, east of South Federal Highway, between the C-15 Canal and Tropic Isle Drive. This was approved 6-0 by the Planning and Zoning Board. 27. Receipt of Check from Estate of Dorothea Galvin MontgomerY. Council is to consider authorizing execution of Beneficiary Form from the Estate of Dorothea Galvin ~lontgomery in the amount of $200 for ~emetery grave maintenance. Approval is recommended. 28. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 92-84, accepting all sanitary sewers and water utilities as opera- tional as recorded in the plat of Park Place, is before Council for cons id e ration. The caption of Resolution No. 92-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN PARK PLACE, AS RECORDED IN PLAT BOOK 48, PAGE 68 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA , COMPRISING THE FOLLOWING LOCATIONS: WATER AND SEWER MAINS WITHIN THE PROJECT AND A WATER MAIN ALONG THE NORTH SIDE OF S.E. 10TH STREET FROM THE PROJECT WEST TO S.E. 1ST AVENUE, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLUTION SHALL NOT DISCHARGE THE DE VELOPER FROM STRICT PERFORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVEL- OPER FOR ONE YEAR. - 10 - 11/13/84 (Copy of Resolution No. 92-84 is on file in the official Resolution Book) 29. Sanitary Sewers and Water Utilities Acceptance. Resolution No. 93-84, accepting all sanitary sewers and water utilities as opera- tional as recorded in the plat of Congress Park, is before Council for consideration. The caption of Resolution No. 93-84 is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ACCEPTING ALL THE SANITARY SEWERS AND WATER UTILITIES INSTALLED IN CONGRESS PARK, AS RECORDED IN PLAT BOOK 44, PAGES 194 AND 195 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS OPERATIONAL AND SETTING THE INITIAL SCHEDULE OF RATES, FEES AND OTHER RELATED CHARGES TO BE IMPOSED FOR THE SERVICES AND FACILITIES FURNISHED BY SAID UTILITIES; PROVIDING THAT THIS RESOLU- TION SHALL NOT DISCHARGE THE DEVELOPER FROM STRICT PER- FORMANCE; PROVIDING FOR MAINTENANCE FOR AND REPAIRS BY THE DEVELOPER FOR ONE YEAR. (Copy of Resolution No. 93-84 is on file in the official Resolution Book) Mr. Bird moved for approval of the Consent Agenda, as mod- ified, seconded by Mr. Jackel. Said motion passed unanimously. REGULAR AGENDA 19. Tent Application. Council is to consider a request from Craig Steinhart, Happy Holiday Christmas Trees, to erect a tent at the northwest corner of Linton Boulevard and U.S. 1 for the sale of Christ- mas trees from November 14th through December 31, 1984. Approval is recommended. The City Manager stated there have been some complaints from citizens objecting to the location of the tent. Staff is recommending that Council approve this request subject to the applicant and the City Engineer working out the ingress and egress procedures at the site. Mr. Bird moved to approve the request subject to the ap- plicant and the City Engineer working out the ingress and egress pro- cedures, seconded by Mr. Jackel. Said motion passed unanimously. 30. Appointment - Beautification Committee. Council is to consider the appointment of Mrs. Marjorie Ott as a member of the Beaut- ification Committee during 1984/85. Approval is recommended. Mr. Bird moved to appoint Mrs. Marjorie Ott as a member of the Beautification Committee during 1984/85, seconded by Mr. Jackel. Mrs. Horenburger suggested an amendment to the motion to include Mr. Irwin Ives. Mr. Bird amended his motion to include Mr. Irwin Ives, Mr. Jackel amended his second. Said motion passed unanimously. 31. Appeal to Decision of Community Appearance Board - Smith Brothers Film Drop. Council is to consider an appeal of the CAB deci- sion regarding the size of the sign to be located at Smith Brothers Film Drop, 202 N.E. 6th Avenue. Mr. Beril Kruger, representing Smith Brothers, stated they are requesting a sign which would be 5' x 12' and 20' high (60 sq. ft.); the sign code would legally allow them 62% sq. ft. They previously had two signs on the property, approximately the same size they are re- questing, which were blown down during a storm. They now wish to put up one sign on the corner and have it the size requested due to the inter- section. Mr. Kruger. presented a drawing of the proposed sign. - 11 - 11/13/84 Mrs. Alice Finst, Acting Chairman, CAB, stated the reason they denied this request was because they felt it was inappropriate and not in keeping with the rest of the signs permitted in the area. Mr. Jackel moved to uphold the decision of the Community Appearance Board, seconded by Mrs. Horenburger. Said motion passed unanimously. 32. Appeal to Decision of Community Appearance Board - Dr. James DeGerome. Council is to consider an appeal to a CAB decision relative to elimination of lettering from sign at Dr. DeGerome's office, 111 N.E. 4th Street. Dr. James DeGerome stated he applied to have a small sign on his lawn stating the nature of his profession on the sign. He was told the sign was approved for its size and height; however, the Board did not want to have "Gastroenterology and Nutrition" underneath his name. Mrs. Alice Finst stated the Board looked at this sign in two ways; one as an advertising instrument and the other for the safety of the position of the sign. They interpreted the applicant's main occupa- tion as "Doctor"; they feel to add anything else would be advertising. The Board is also concerned about the placement of the sign as it would be hazardous and obstruct the view. Mr. Jackel stated in this day of specialization he would like to know what type of doctor he is seeing. Mrs. Horenburger moved that they not uphold the decision of the Community Appearance Board in this instance with regard to Dr. James DeGerome's proposed sign, seconded by Mr. Weatherspoon. Said motion passed unanimously. Mr. Bird stated he feels it would be helpful, in this kind of issue, to receive any drawings or backup information with his agenda package which he receives on a Friday. The City Manager stated he will take that as being a policy of Council; when they receive this kind of request they will ask for the necessary information. The City Attorney suggested that a copy of the minutes of this meeting be delivered to the CAB as direction to them from Council; i.e. that identification of the specialties of members of the medical profession will be considered acceptable and non-advertising. 33. Ranking of Architects to design new Police Facility. Coun- cil is to consider rating the following architects and authorizing the City Administration to negotiate the contract: a. Schweizer & Associates b. Robert McDonald & Associates c. Digby Bridges & Associates The City Manager stated several weeks ago Council selected Mr. Marion Varner as the consultant to proceed with the initial design work and investigation of the new police facility. At the same time, Council authorized staff to proceed to accept proposals from architects; the committee evaluated the six applicants and have recommended the above three. Tonight they have scheduled Council to conduct interviews with the firms. Mayor Campbell requested that Schweizer & Associates and Digby Bridges & Associates leave the Council Chambers at this time. Mr. Robert McDonald, principal of Robert McDonald & As- sociates, informed Council of the people who would be involved in this project if they were to be chosen. He presented charts, drawings and sketches and explained his firm's background, previous work, the services they would offer, how they would work with staff and what they would propose for the new facility. - 12 - 11/13/84 Mr. McDonald left the Council Chambers at this time. Mr. Fernando Priato, Vice-President of Schweizer & As- sociates, introduced Tom Liebschen who is head designer for their West Palm Beach office and gave a brief history of their firm. He advised they submitted a design proposal for the Palm Beach Police facility and were awarded the contract. Mr. Varner, who Council appointed as their consultant for Delray's police facility, was also the consultant for the Palm Beach facility and they worked very closely with him in the design and development of the project. Mr. Liebschen stated they have established the same project team who worked on the Palm Beach Police facility and he explained how they worked with them. He stated they do have the flexibility to do almost any type of building, they will work closely with staff and come up with a design which everyone will be proud of. They feel they have learned quite a few things by having already designed a police facility. Mr. Priato and Mr. Liebschen left the Council Chambers at this time. Mr. Digby Bridges, Digby Bridges, Marsh & Associates, in- troduced the members of their firm and stated they would work very closely with the consultant and the City. Mr. David Pompret, Cost Engineer, stated it is very impor- tant these days to keep close cost control on buildings. Before anyone can start drawing he would find out the schedule from the Police Chief and form a budgetary cost. As the architect gets to the conceptual drawing stage, he would do a second estimate which is broken down to give a lot more detail based on what is drawn. The final estimate would be available prior to the bids going out and any final adjustments could be made to the drawing so that the City would know if they are still within their budget. Mr. Bridges presented some drawings showing the type of buildings they have designed and the standard of drafts and work they have produced. Mr. Roy Case, Architect/Land Planner, stated they feel one of the most important things in the development of a City is the crea- tion of public buildings and the police station is an important build- ing. They feel they can work with the City on a daily basis and, with their team approach, what will eventually appear as a police station will be the product of many minds. The representatives of Digby Bridges, Marsh & Associates left the Council Chambers at this time. Upon question by Mayor Campbell, Mr. Marion Varner, Con- sultant, stated he feels he could work comfortably with any of the three firms. He has found that most firms he has been related to as a con- sultant have been receptive to suggestions; the ones that have been the least receptive have been the very large firms. The three firms being interviewed do not fall into that category. The City Attorney advised, as part of the competitive nego- tiations act, Council needs to rank the firms one, two and three for- mally at this time. Staff would then be directed to negotiate a con- tract, if possible, with the number one ranked firm. If they are going to use the written ranking method Council should sign their names on the paper and it will be made part of the written record. Mayor Campbell announced that while the ballots are being counted they will proceed to the next item. 34. Ordinance No. 55-84 - Zoning Ordinance Amendment - Special Setback Requirements. Ordinance No. 55-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to establishing a setback of 30 feet on both sides of Linton Boulevard, 30 feet on both sides of Congress Avenue and 30 feet on both sides of Military Trail, is before Council for consideration on First Reading. If passed, Public Hearing will be held on November 27th. - 13 - 11/13/84 The City Manager presented Ordinance No. 55-84: 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 REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF LINTON BOULEVARD, AND ENACTING A NEW SEC- TION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF LINTON BOULEVARD; AMENDING SECTION 30-16 (N) TO RE- LETTER SAID SUBSECTION AS SECTION 30-16 (P); ENACTING A NEW SECTION 30-16 (N) TO ESTABLISH A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF CONGRESS AVENUE; AND ENACTING A NEW SECTION 30-16 (O) TO ESTABLISH A SETBACK OF THIRTY (30) FEET ON BOTH SIDES OF MILITARY TRAIL; 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. 55-84 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. 33. Mayor Campbell announced the order of ranking as follows: 1) Digby Bridges & Associates 2) Schweizer & Associates 3) Robert McDonald & Associates Mr. Bird moved that the architects to design the new police facility be Digby Bridges & Associates, then Schweizer & Associates and then Robert McDonald & Associates, seconded by Mrs. Horenburger. Said motion passed unanimously. Copy of the official ranking is attached hereto and made a part hereof. 35. Ordinance No. 96-84 - Amending Code - Train Whistles/Horn Noise Control. Ordinance No. 96-84, amending Chapter 16 "Offenses- Miscellaneous" of the Code of Ordinances prohibiting railroad train whistles/horn noise between the hours of 10 p.m. and 6 a.m., is before Council for consideration on First Reading. If passed, Public Hearing will be held November 27th. The City Manager presented Ordinance No. 95-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, "OFFENSES-MISCEL- LANEOUS'', OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW ARTICLE III, "TRAIN WHISTLES/HORN NOISE CONTROL ", PRO- VIDING FOR THE SCOPE OF THIS ARTICLE; PROHIBITING RAIL- ROAD TRAIN WHISTLES/HORN NOISE BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.; PROVIDING FOR THE APPLICATION OF THIS ORDINANCE TO CERTAIN RAILROAD CROSSINGS ONLY; PROVIDING PENALTIES FOR VIOLATION; PROVIDING FOR SIGNS AND NO- TIFICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 96-84 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. - 14 - 11/13/84 37. Ordinance No. 98-84 - Zoning Ordinance Amendment - CBD (Central Business District) Site Plan Approval. Ordinance No. 98-84, amending Chapter 30 "Zoning" of the Code of Ordinances to require site plan approval for all new construction and additions in the CBD 3,000 square feet or greater, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 27th. The City Manager presented Ordinance No. 98-84: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (A) "PURPOSE" TO ELIMINATE THE REQUIREMENT OF APPROVAL BY THE DOWNTOWN DEVELOPMENT AUTHORITY OF ALL PLANS FOR NEW CONSTRUCTION AND ADDITIONS IN THE CBD (CENTRAL BUSINESS DISTRICT) AND TO ADD PROVISIONS REQUIRING SITE PLAN APPROVAL FOR ALL NEW CONSTRUCTION AND ADDITIONS IN THE CBD (CENTRAL BUSINESS DISTRICT) WHICH ARE 3,000 SQUARE FEET OR GREATER AND PROVIDING FOR NOTIFICATION TO THE DOWNTOWN DEVELOPMENT AUTHORITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTING DATE. The City Attorney read the caption of the ordinance. Mr. Bird moved for the adoption of Ordinance No. 98-84 on First Reading, seconded by Mr. Weatherspoon. Mr. Weatherspoon questioned why they need this ordinance. Mrs. Horenburger stated it is her understanding that this is one of the few areas in the City which is not subject to site plan review and approval by the Planning and Zoning Board. The DDA, Atlantic Avenue Association and the Chamber of Commerce do not review these plans for the technicalities of the plans. She suggested what might be con- sidered is to not mandate review by all the City boards but to mandate that when a site plan comes to the City and is being reviewed by the P&Z Board that all the other boards be notified and they could send a rep- resentative to that meeting. Mr. Bird stated the other issue is that, in evaluating the experience of various members from various boards, they probably look for something different by way of experience in a P&Z Board member than in some of the other boards. He would agree with Mrs. Horenburger's suggestion and feels that it would be a minor change to clarify the point about multiple review. If they are going to mandate that the P&Z Board review the site plans, then other agencies should conduct their review simultaneously. The City Attorney advised, if that is Council's consensus, then they may wish to change the wording in the ordinance to indicate that if another board does have anything to recommend, it should go to the P&Z Board and not Council level. Dr. Carl Carter, Chairman of the DDA, stated to his know- ledge site plans are reviewed by all departments in the City; however, there is not a citizens' board which reviews them. He feels that devel- opers will be inhibited from building downtown if, in addition to coming before the DDA and complying with the City's codes, they also have to go through all the City's boards. The DDA feels that the City's ordinances and staff review should be enough to ensure compliance. Mr. Bird stated that maybe they should not make the require- ments any more stringent for the DDA. They use 5,000 square feet else- where and perhaps it would be appropriate here. Mr. Tom Lynch, member of the Atlantic Avenue Task Force, stated they have been meeting for several months and hope to be finished by next month. They are requesting that Council defer this motion until they are ready as some of their ideas will refer to code enforcement, etc. - 15 - 11/13/84 Mrs. Horenburger stated they have to agree that the P&Z Board will or will not review site plans all over the City. Mr. Jackel stated he agrees with Mrs. Horenburger and also with Mr. Bird's suggestion that it should be 5,000 square feet. Mr. Bird recommended that Ordinance No. 98-84 be amended in the caption to replace the figure 3,000 square feet with 5,000 square feet and also that the body, under Section 1., subparagraph (A), second paragraph be amended. In addition, that it be passed with the under- standing that staff will correct the language with regard to the se- quence of approvals and to whom input should be made. The City Attorney advised if Council intends to adopt this ordinance on First Reading he will have to reread the caption as re- vised. The City Attorney read the amended caption of Ordinance No. 98-84: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (A) "PURPOSE" TO ELIMINATE THE REQUIREMENT OF APPROVAL BY THE DOWNTOWN DEVELOPMENT AUTHORITY OF ALL PLANS FOR NEW CONSTRUCTION AND ADDITIONS IN THE CBD (CENTRAL BUSINESS DISTRICT ) AND TO ADD PROVISIONS REQUIRING SITE PLAN APPROVAL FOR ALL NEW CONSTRUCTION AND ADDITIONS IN THE CBD (CENTRAL BUSINESS DISTRICT) WHICH ARE 5,000 SQUARE FEET OR GREATER AND PROVIDING FOR NOTIFICATION TO THE DOWNTOWN DEVELOPMENT AUTHORITY, AND FOR RECOMMENDATIONS FROM OTHER CITY BOARDS, COMMISSIONS, OR COMMITTEES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Mrs. Horenburger moved for adoption of amended Ordinance No. 98-84 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 passe~ with a 5 to 0 vote. 38. Ordinance No. 99-84 - Zonin~ Ordinance Amendment - CBD (Central Business District) Parkin~ and Loadin~ Regulations. Ordinance No. 99-84, amending Chapter 30 "Zoning" of the Code of Ordinances to delete the requirement of providing minimum number of off-street parking spaces when no building or structure is increased in capacity, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 27th. The City Manager presented Ordinance No. 99-84: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (I) "PARKING AND LOADING REGULATIONS" (2) TO DELETE THE REQUIREMENT OF PROVIDING THE MINIMUM NUMBER OF OFF-STREET PARKING SPACES WHEN ANY BUILDING OR STRUCTURE IS IN- CREASED IN CAPACITY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 99-84 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. - 16 - 11/13/84 39. Ordinance No. 100-84 - Zonin~ Ordinance Amendment - CBD (Central Business District) Parkin~ Regulations. Ordinance No. 100-84, amending Chapter 30 "Zoning" of the Code of Ordinances relative to parking regulations governing development in the downtown area, is before Council for consideration on First Reading. If passed, Public Hearing will be held November 27th. The City Manager presented Ordinance No. 100-84: 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 30-13 "CBD (CENTRAL BUSINESS DISTRICT)" (I) "PARKING AND LOADING REGULATIONS" BY REPEALING SUB- SECTION (3) (b) AND BY AMENDING SUBSECTION (3) (a) TO ELIMINATE THE EXCEPTION FOR RESTAURANTS, COCKTAIL LOUNGES AND BARS TO THE REQUIREMENT THAT ALL USES PROVIDE ONE PARKING SPACE FOR EACH 300 SQUARE FEET, OR FRACTION THEREOF, OF TOTAL FLOOR AREA AND THUS REQUIRING THE PROVIDING OF SUCH PARKING BY RESTAURANTS, COCKTAIL LOUNGES, AND BARS, AS WITH ALL OTHER USES; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Attorney read the caption of the ordinance. Mrs. Horenburger moved for the adoption of Ordinance No. 100-84 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. 40. Screening for Air Condition.in9 - South Delray Shopping Center. Council is to consider authorizing the Building Department to grant a Certificate of Occupancy to Delray Shopping Association, Ltd., subject to bond and execution of agreement to provide screening for air conditioning at the South Delray Shopping Center. The City Attorney stated this item is before Council to approve of the agreement between the City and Delray Shopping Associa- tion, Ltd. It will grant them a C.O. in advance of doing some screening of air conditioning. They are agreeing by this contract to do so and they have provided a $20,000 bond to ensure their compliance with the agreement. Mr. Bird moved to authorize the agreement between Delray Shopping Association, Ltd., and the City of Delray dated October 30, 1984, seconded by Mr. Weatherspoon. Said motion passed unanimously. 41. Water Service Agreement - Robert S. Bacon. Council is to consider authorizing execution of an agreement between the City and Robert S. Bacon for water service to a parcel located on Military Trail just south of the new Post Office. Mr. Bird moved to authorize execution of water service agreement with Robert S. Bacon, seconded by Mr. Jackel. 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 I vote. Before roll call the following discussion was had: Mr. Jackel stated at the last meeting the developer agreed to abide by City code rather than County code and he was to provide that in writing. Mr. Beril Kruger, representing the developer, stated this will be going before the Planning and Zoning Board on November 27th; however, they need a letter from Council first stating that they will provide water service if the developer agrees to abide by all City codes. - 17 - 11/13/84 At this point the roll was called to the motion. 42. Final Payment. Council is to consider authorizing final payment to H & H Engineering, Inc., in the amount of $15,370 for 100% completion of nine manhole replacements. Funds are to come from the 1983 Water and Sewer Revenue Bonds. Approval is recommended. Mr. Bird moved to authorize final payment to H & H Engineer- ing, Inc., in the amount of $15,370 for 100% of nine manhole replace- ments, funds to come from the 1983 Water & Sewer Revenue Bonds, seconded by Mr. Jackel. Said motion passed unanimously. Mr. Weatherspoon stated, with regard to the water bills, citizens are now asked to mail their bills to West Palm Beach. He questioned why they have this new procedure. The City Manager stated they have a new lock box program which Council approved in the agreement with Barnett Bank. It saves the City two to three days as the bills are mailed directly to the bank and credited the moment the check gets there. However, this does not pre- vent people from paying their bills at City Hall. Mayor Campbell declared the meeting adjourned at 10:00 P.M. 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 November 13, 1984, which minutes were formally approved and adopted by the City Council on-~-,~ /~. 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. - 18 - 11/13/84