10-05-99 OCTOBER 5, 1999
A Regular Meeting of the City Commission of the City
of Delray Beach, Plorida, was called to order by Mayor Jay
Alperin in the Commission Chambers at City Hall at 6:00 p.m. on
Tuesday, October 5, 1999.
1. Roll call showed:
Present - Commissioner Patricia Archer
(arrived 6:08 p.m.)
Commissioner David Randolph
Commissioner David Schmidt
Commissioner Michael Wright
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Matthew
"Bump" Mitchell with Christ Missionary Baptist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given~
4.. Agenda Approval.
Mayor Alperin noted the addition of Item 9.I., Final
Plat Approval - Victorian Gardens Subdivision, to the regular
agenda by addendum, and also the distribution of additional
backup information for Item 9.A., Service Authorization %6/Digby
Bridges Marsh & Associates.
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Wright. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote.
5. Approval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regu-
lar Meeting of September 21, 1999, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Wright -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations:
6.A. Florida City Government Week - October 17-23, 1999.
Mayor A1perin read and presented a proclamation in
recognition of Florida City Government Week to be observed
October 17th through 23, 1999. Barbara Garito, Deputy City
Clerk, accepted the proclamation on behalf of the city govern-
ment officials and employees.
6.B. National Red Ribbon Celebration - October 23-31, 1999.
Mayor A1perin presented a proclamation in recognition
of the National Red Ribbon Celebration to be observed October
23rd through 31, 1999, encouraging all citizens to wear a red
ribbon and all businesses, media, and public and private institu-
tions to display red ribbons to symbolize a commitment to estab-
lishing a healthy and safe community for our citizens, especial-
ly our children, and to participate in events throughout the
celebration that support positive lifestyles.
6.C. One Day in Peace - January 1, 2000.
Mayor Alperin read a proclamation recognizing January
1, 2000, as One Day In Peace in Delray Beach, and urging all
citizens to celebrate the Year 2000 for the Culture of Peace and
to work towards the promotion of peace and harmony in our commu-
nity each and every day, one day at a time. The proclamation
was presented by The Unity School Student Council, as representa-
tives for the student body, to the Mayor and City Commissioners.
6.D. Order Sons of Italy In American Month - October 1999.
Mayor Alperin read and presented a proclamation recog-
nizing October, 1999, as Order Sons of Italy in America Month in
Delray Beach, celebrating Christopher Columbus and Italian
heritage, and recognizing the importance of this very worthy
service organization. Mr. John Passanisi, President, OSIA
Delray Beach Lodge 2719, came forward to accept the proclamation
and expressed his appreciation to the Mayor and Commission for
taking the time to recognize their organization.
7. Presentations: None
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT &
MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION:
Ratify and approve the Collective Bargaining Agreement and
Memorandum of Understanding between the City and the Police
Benevolent Association (Police Officers and Sergeants) for the
three year period October 1, 1998 through September 30, 2001.
8.B. INTERLOCAL AGREEMENT WITH THE TOWN OF GULF STREAM FOR
FIRE AND EMERGENCY MEDICAL SERVICES: Approve the extension of a
Fire and Emergency Medical Services agreement with the Town of
Gulf Stream to provide for a new expiration date of September
30, 2009, with options to renew for additional periods of five
(5) years.
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8.C. RENEWAL OF TEMPORARY PARKING LOT PERMIT/PINEAPPLE
TOWN: Approve renewal of the temporary parking lot permit
associated with a commercial development known as Pineapple Town
for one year (through September 22, 2000). The subject property
is located at the southeast corner of Pineapple Grove Way and
N.E. 2nd Street within the Central Business District.
8.D. ACCEPTANCE OF EASEMENT DEED & RIGHT OF ENTRY AND
LICENSE AGREEMENT WITH MARKUS (WHITE DRIVE): Accept an easement
deed for a five foot drainage easement and approve a right of
entry and license agreement with Donald and Jeannette Markus,
1028 White Drive, to facilitate completion of the Rhodes Villa
Avenue and White Drive drainage improvements project.
8.E. SUBSIDIZED LOAN AGREEMENTS/CRA SUBSIDIZED LOAN PRO
GRAM: Approve four (4) agreements between the City, the Communi-
ty Redevelopment Agency and various banks for the CRA's subsi-
dized loan program, as follows: First Amendment to Subsidized
Loan Agreement/Nationsbank; First Amendment to Subsidized Loan
Agreement/SunTrust Bank; Second Amendment to Subsidized Loan
Agreement/AmTrust Bank; and Subsidized Loan Agreement/Regent
Bank.
8.F. AGREEMENT WITH CHILDREN'S SERVICES COUNCIL: Approve
an agreement between the City and the Children's Services Coun-
cil for grant funding in the amount of $155,348.00 to assist the
Parks and Recreation Department in providing an after-school
program for elementary school children at the Community Center,
Pompey Park~ Delray Full Service Center, and Pine Grove Elementa-
ry School.
8.G. FUNDING SUBSIDY UNDER DELRAY BEACH RENAISSANCE PRO-
GRAM: Approve a funding subsidy in the amount of $12,000.00 for
an income eligible applicant under the Delray Beach Renaissance
Program, with funding from 118-1924-554-83.01 (SHIP Program)
representing the 94th homeownership assistance grant provided
through the program to-date.
8.H. RESOLUTION NO. 63-99: Approve a resolution assessing
costs for the demolition of an unsafe structure at 515 S.W. 2nd
Street.
The caption of Resolution No. 63-99 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT
ACTION REGARDING AN UNSAFE BUILDING ON
LAND(S) LOCATED WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCURRED BY
THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
3 10/05/99
INTEREST ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING
FOR THE MAILING OF NOTICE.
(The official copy of Resolution No. 63-99 is on file
in the City Clerk's office.)
8.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period September 20th through October 1, 1999.
8.J. AMENDMENT #1 TO CENTER BASED CHILD CARE AGREEMENT WITH
THE SCHOOL DISTRICT OF PALM BEACH COUNTY: Approve Amendment #1
to the Center Based Child Care Agreement between the City and
the School District of Palm Beach County, entered into on July
1, 1999, to provide for developmental screening of preschool-
ers.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Renewal of annual maintenance contract with U.S.
Filter/Davis Process Products, sole source ven-
dor, for wet scrubbers located at sewage lift sta-
tions #1 and #11 in the total amount of
$20,400.00, with funding from 441-5144-536-52.21
(W&S Lift Station Maintenance - Chemicals) from
FY 2000 budget.
2. Bid awards to multiple vendors for the purchase
of gasoline and diesel fuel, via Palm Beach
County co-op bid, at an estimated annual cost of
$238,363.87. Funding will be provided from
445-4714-572-52.11, 446-4714-572-52.11 and
501-3311-591-52.51 (FY 2000 budget).
Mr. Schmidt moved to approve the consent agenda,
seconded by Mr. Randolph. Upon roll call the Commission voted
as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. SERVICE AUTHORIZATION #6/DIGBY BRIDGES MARSH & ASSOCI-
ATES (TENNIS CENTER PHASE IV): Consider approval of Service
Authorization #6 in the amount of $29,000.00 with Digby Bridges
Marsh & Associates for the design and preparation of construc-
tion documents for two new tennis courts and other improvements
at the Tennis Center, with funding from 334-4145-572-63.90
(Tennis Center).
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Richard Hasko, Director of Environmental Services,
explained that the service authorization is for consulting and
construction administration services associated with the expan-
sion of the Tennis Center. The scope of work includes the two
new tennis courts and various other improvements that the City
is obligated to provide in accordance with the Match Point
agreement. Mr. Hasko noted an error on the second page of the
service authorization where the compensation for services was
shown as a lump sum fee of $44,000.00. The correct amount of
this service authorization is $29,000.00.
Mr. Schmidt moved to approve Service Authorization #6
in the amount of $29,000.00 with Digby Bridges Marsh & Associ-
ates. The motion was seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright
Yes. Said motion passed with a 5 to 0 vote.
9.B. LICENSE AGREEMENT FOR TENNIS CENTER SPECIAL EVENT -
CROSSROADS CLUB: Consider approval of a license agreement with
Crossroads Club, Inc. for an event known as "Father Martin and
Friends" to be held at the Tennis Center on November 13, 1999.
Robert A. Barcinski, Assistant City Manager, stated
that the request is for approval of a license agreement to allow
the Crossroads Club, Inc. to hold an event at the Tennis Center
on Saturday, November 13, 1999, from 7:00 p.m. to 10:00 p.m., to
grant a temporary use permit for the closure of N.W. 1st Avenue
from Atlantic Avenue to the north entrance of the Community
Center parking lot, and to consider reducing the Tennis Center
rental rate by thirty percent (30%) for this event. He contin-
ued that this event will be a fund raiser for the Crossroads
Club. Father Martin is a nationally known alcohol and drug
rehab speaker, and the Crossroads Club estimates that approxi-
mately 5,000 people will attend the event.
Mrs. Archer moved to approve the license agreement,
the temporary use permit and the 30% rental discount for the
Crossroads Club, Inc.'s use of the Tennis Center on November 13,
1999. The motion was seconded by Mr. Wright. Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph
- Yes. Said motion passed with a 5 to 0 vote.
9.C. SUCCESSOR A~REEMENT/DELRAY BEACH CULTURAL ALLIANCE:
Consider approval for the acceptance of the Delray Beach Cultur-
al Alliance's assets upon dissolution of the not-for-profit
corporation.
Mr. Ron Nyhan, President of the Delray Beach Cultural
Alliance (DBCA), explained that the DBCA is a sixteen member,
non-profit organization which includes the City of Delray Beach,
the Delray Art League, the Delray Beach Chorale, the Delray
Beach Historical Society, the Delray Beach Public Library, the
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Delray Beach Playhouse, EPOCH, the Milagro Center, Morikami
Museum, Old School Square, the Palm Beach County regional office
of the Florida Division of Natural Resources, the Palm Beach
Photographic Center, Pineapple Grove Main Street, Pine Grove
Elementary School of the Arts, the Roots Cultural Festival, and
the Sandoway House. Mr. Nyhan stated that the initial impetus
for this organization came from Mayor Alperin who brought many
of these organizations together in the hope that collectively
and collaboratively they could achieve the mission to strengthen
the arts, culture and heritage in Delray Beach. He briefly
reviewed some of the achievements of this relatively new organ-
ization and outlined the future goals of the Cultural Alliance.
Mr. Nyhan continued that the DBCA needs to incorporate in the
State of Florida and then apply for an IRS 501(C) (3) non-profit,
tax deductible status. The Cultural Alliance's Articles of
Incorporation require the naming of a successor to its assets in
the unlikely occurrence of the dissolution of the corporation.
The DBCA would like to move forward on this and would like to
name the City of Delray Beach as the successor in the Articles
of Incorporation.
Mr. Randolph moved to approve acceptance of the Delray
Beach Cultural Alliance's assets in the event of the dissolution
of the not-for-profit corporation, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Wright Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.D. CONDITIONAL USE MODIFICATION REQUEST FOR THE SUND¥
INN: Consider a request for conditional use modification for
the Sundy Inn to expand the land area to a lot at the southeast
corner of the property and increase the number of guest rooms
from 23 to 29. The subject property is located on the south
side of S.W. 1st Street, between Swinton Avenue and S.W. 1st Ave-
nue, within the Old School Square Historic Arts District.
QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
stated that the Sundy Inn initially received conditional use
approval from the City Commission in March, 1998, to establish a
23 unit residential-type inn and restaurant. The current re-
quest is to modify the approved conditional use by expanding the
land area to a lot at the southeast corner of the property and
increasing the number of guest rooms from 23 to 29. The appli-
cant meets the parking requirements. The Planning and Zoning
Board considered the request at a public hearing on September
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27, 1999, and voted unanimously to recommend to the City Commis-
sion that the conditional use modification for the Sundy Inn be
approved, based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E) (5) (Required Find-
ings) of the Land Development Regulations and policies of the
Comprehensive Plan, and subject to the following conditions:
(1) That a site plan application be processed pursu-
ant to Section 2.4.3 of the Land Development Regulations;
(2) That at least 40% of the guest units be suites;
(3) That prior to issuance of a building permit, a
Declaration of Unity of Title combining Lot 11, Block 62, Town
of Linton, with the balance of the Sundy Inn properties be
recorded; and
(4) That prior to issuance of a building permit, an
off-site parking agreement be executed to utilize 16 spaces of
the 20-space parking lot on Lots 20-22, Block 70, Town of Linton.
At this point, Mayor Alperin opened the proceeding for
public comment. There being no one who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mr. Randolph moved to approve the conditional use
modification for the Sundy Inn based upon the findings and
subject to the conditions outlined above as recommended by the
Planning and Zoning Board. The motion was seconded by Mr.
Schmidt. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe-
rin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0
vote.
9.E. CONDITIONAL USE REQUEST FOR SAMARO STONE AND DESIGN,
INC. Consider a request from Samaro Stone and Design, Inc. to
allow the establishment of a monument and ornamental stone
cutting facility on the west side of N.W. 18th Avenue, approxi-
mately 300 feet north of N.W. 1st Street. QUASI-JUDICIAL PRO-
CEEDING
The City Attorney stated this item will be conducted
as a quasi-judicial proceeding which allows for presentations by
all involved parties, the admission of documents into the record
and public testimony.
The City Clerk swore in those individuals who wished
to give testimony on this item.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She explained that
the development proposal is to occupy an existing building in an
industrial area on N.W. 18th Avenue that was formerly the site
of Zuccala's Towing. She noted that this particular business
falls more into the category of monument casting than stone
cutting; however, it most closely resembles that use which is a
conditional use in the MIC zoning district. The Planning and
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Zoning Board considered the application at a public hearing on
September 27, 1999, and voted unanimously to recommend approval
of the conditional use request to establish a monument and
ornamental stone cutting business for Samaro Stone and Design,
Inc., based upon positive findings with respect to Chapter 3
(Performance Standards) and Section 2.4.5(E) (5) of the Land
Development Regulations and policies of the Comprehensive Plan,
and subject to the following conditions:
(1) That the site plan be in general conformity to
the sketch plan and incorporate recommendations made in the
staff report and the recommendation by the Planning and Zoning
Board to locate all the parking to the rear of the structure;
(2) That a hold harmless and landscape maintenance
agreement be executed for the landscaping to be installed in the
right-of-way; and
(3) That the driveway width in front of the building
not be increased.
At this point, Mayor Alperin opened the proceeding for
public comment. There being no one who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
James Samaro (applicant), 9661 N.W. 36th Place, Coral
Springs, stated he was available to answer any questions.
On question from Mrs. Archer, Mr. Samaro stated that
his business generates a moderate amount of dust although there
is not much stone cutting involved. They do more mixing aggre-
gate with cement which is then packed into a mold, so the dust
is really generated when the pieces are taken out of the molds.
It was also noted that most of the work is conducted inside of
the building.
Mr. Wright moved to approve the conditional use re-
quest to establish a monument and ornamental stone casting
business for Samaro Stone and Design, Inc. based upon positive
findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(E) (5) of the Land Development Regulations, and the
policies of the Comprehensive Plan, and subject to the condi-
tions recommended by the Planning and Zoning Board as outlined
above. The motion was seconded by Mr. Randolph. Upon roll call
the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
9.F. PROPOSAL TO SUBDIVIDE PROPERTY: Consider a proposal
to subdivide property located at 704 N. Swinton Avenue and
create two nonconforming lots.
Diane Dominguez, Director of Planning and Zoning,
explained that, normally, when lots are created through a subdi-
vision, they have to meet the minimum requirements for the
zoning district in which they are located. However, there is a
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provision in the Land Development Regulations {Section 4.3.1(D)}
that allows the City Commission to approve lots that are less
than the minimum standards when there is a finding made that it
is necessary and appropriate to do so. The subject proposal is
to subdivide the property located at 704 North Swinton Avenue in
order to create two nonconforming lots and construct a second
single family home. There is an historically significant single
family residence located on the lot. The applicant has the
property under contract, with the purchase contingent on the
approval of the request. The prospective purchaser proposes to
individually list the property on the Local Register of Historic
Places if approval of the subdivision is granted.
Ms~ Dominguez continued that the property is zoned
R-I-AA (Single Family Residential) which requires 9,500 sq.ft.
minimum lot size with a minimum width of 75 feet and a minimum
depth of 100 feet. If the property is subdivided as proposed,
the lots would be 8,030 sq.ft, with a lot width of 67 feet and a
lot depth of 127 feet (after right-of-way dedication for Swinton
Avenue). At this point, the City Manager interjected that
according to his calculation (multiplying 67 ft. width by 127
ft. depth) the lot size would be 8,509 sq.ft. Regardless, each
of the two lots would be substandard in terms of overall lot
size and lot width. This does present a concern in looking at
the development pattern on the west side of Swinton Avenue where
the subject property is located, where basically all of the lots
meet or exceed the minimum requirements with very few excep-
tions. On the east side of Swinton Avenue, there are some lots
to the south of the subject property that are in the 50 to 60
ft. width. While this could be viewed as somewhat of a prece-
dent, Ms. Dominguez noted that the prevailing pattern on the
west side of Swinton Avenue is the larger lots. However, there
is also the benefit that if the subdivision were conditioned on
having the property and the existing house designated as histor-
ic sites, then the house would be protected to large degree from
demolition through the historic preservation process. Likewise,
the house that would be built immediately to the north on the
newly created lot would have to go through the Historic Preserva-
tion Board to insure that it would be appropriate for the loca-
tion. In addition, all of the required setbacks would be met
for the new house.
Ms. Dominguez concluded by stating that staff recom-
mended approval of the request. The Historic Preservation Board
reviewed the subdivision proposal on September 1, 1999, and
unanimously recommended approval subject to the house and proper-
ty being listed on the Local Register of Historic Places.
At this point, Mayor Alperin asked if the Commission
wished to accept public comment on this item? It was the consen-
sus of the Commission to allow public input. Speaking from the
audience were the following:
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Joann Peart, 107 N.W. 9th Street, speaking as Presi-
dent of the Lake Ida Property Owners Association, stated that
the association was not notified of this proposal until late
last Friday afternoon so many of the people who will be most
affected by it have not the opportunity to have any input. Mrs.
Peart continued that she is certainly interested in historic
preservation, but as a resident of the Lake Ida neighborhood she
is very concerned that the subject proposal would set a prece-
dent that could allow others to subdivide some of the larger
lots which have homes with big side yards. She felt the propos-
al would be contrary to the established development pattern on
the west side of Swinton Avenue and would establish a dangerous
precedent. Mrs. Peart urged the City Commission to either deny
the request or postpone consideration until the Lake Ida Proper-
ty Owners Association has had sufficient time to review and
respond to the proposal.
Rena Foley, 629 Eldorado Lane, spoke against the
proposal to subdivide the property at 704 North Swinton Avenue.
She felt the subject property could be developed as an historic
property with the lot remaining intact. To take the side yard
away from the existing home would only serve to diminish its
historic value. Ms. Foley further commented that if the City's
position is to no longer allow substandard lots then it is a
stance that should be taken seriously, particularly when it is
development that may be the moving force behind this proposal.
Tom Diqqan, 710 North Swinton Avenue (directly on the
north side of the property proposed for subdivision), stated
that the home at 704 North Swinton was originally built along
with the property, and the historic value of the home is also
directly linked with the property. If a portion of an historic
property is allowed to be peeled away from the whole, he ques-
tioned the remaining historic value to the community. Mr.
Diggan expressed his opposition to the proposed subdivision and
urged the City Commission to seriously consider the potentially
dangerous precedent this could set for his neighborhood.
Dan Rosenblatt, 10 N.E. 7th Street (applicant), stated
he is the contract purchaser for the subject property and his
intent is to maintain and preserve the historic significance of
the existing home and property.
There being no one else from the audience who wished
to address the City Commission, Mayor Alperin closed the floor
to public comment.
Discussion by the Commission followed.
Mayor Alperin commented that as much as he would like
to see the house preserved, he does not appreciate being held
hostage by a proposal and does see any rationale to create
substandard lots. Therefore, he would not support the proposal.
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Mr. Wright concurred with Mayor Alperin, noting that
Swinton Avenue is a very important part of the City and he would
not support something that could set a dangerous precedent for
it.
Mr. Schmidt concurred, noting that in the past when
exceptions have been made they were for infill projects where
there was an existing, platted lot that was substandard in size
to begin with; not creating a new substandard lot as is request-
ed with the current proposal. He, too, opposed the request.
Mr. Randolph stated he would also oppose the request
as he felt it would negatively affect the character of the
subject property as well as the overall neighborhood.
Mrs. Archer, too, opposed the request as she is very
concerned with the fact that there is the purchase of property
going on for the very purpose of creating substandard lots that
are not in keeping with the character of a neighborhood such as
the Lake Ida community. Something like this may be appropriate
in some other area, but Mrs. Archer had a problem with it in
this particular location.
Mrs. Archer moved to DENY the proposal to subdivide
property located at 704 North Swinton Avenue, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to
0 vote.
9.G. OFFER OF JUDGMENT/DAIDOLA v. CITY OF DELRAY BEACh:
Consider an offer of judgment filed by the Plaintiff in the
referenced matter.
The City Attorney stated an offer of judgment in the
amount of $9,999.00 has been filed by the Plaintiff in this case
which stems from a bicycle accident. It is before the Commis-
sion for consideration. Litigation in the case is upcoming.
The City Attorney also noted that if the offer of judgment is
denied and a jury awards the Plaintiff an amount greater than
$12,500.00, the City will also be required to pay the Plain-
tiff's attorney fees.
Mrs. Archer moved to deny the offer of judgment,
seconded by Mr. Wright. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt Yes; Mrs. Archer -
Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
9.~. CSTYMANAGER EVALUATION.
Mr. Wright commented that as a new Commissioner, the
City Manager has made his job much easier. He felt the City
0/05/99
Manager has done an outstanding job for the City and indicated
he would support an increase of five percent (5%).
Mr. Wright moved to approve a merit increase in the
amount of five percent (5%) for the City Manager, seconded by
Mrs. Archer. Upon roll call the Commission voted as follows:
Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr.
Randolph - Yes; Mayor Alperin Yes. Said motion passed with a
5 to 0 vote.
9.I. CITY ATTORNEY EVALUATION.
Mrs. Archer moved to approve a merit increase in the
amount of five percent (5%) for the City Attorney, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5
to 0 vote.
9.J. FINAL PLAT APPROVAL/VICTORIAN GARDENS SUBDIVISION:
Consider approval of the subdivision plat for Victorian Gardens,
a proposed two lot single family subdivision located at the
southwest corner of North Swinton Avenue and N.W. llth Street.
The City Manager noted that the two lots being created
are approximately 100 feet square each and the subdivision meets
all of the district requirements. Staff recommends approval.
Mrs. Archer moved to approve the final plat for Victo-
rian Gardens, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Wright - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
At this point the Commission moved to Item 12, First
Readings.
12. FIRST READINGS:
12.A. ORDINAi~CE NO. 38-99: An ordinance rezoning land
commonly known as the Delray Oaks Preserve site from POC
(Planned Office Center) District to OS (Open Space) District.
The subject property is located at the northwest corner of
Congress Avenue and S.W. 29th Street, and contains 25 acres. If
passed, a quasi-judicial public hearing will be scheduled for
October 19, 1999.
The City Manager presented Ordinance No. 38-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POC (PLANNED
OFFICE CENTER) DISTRICT IN THE OS (OPEN
SPACE) DISTRICT; SAID LAND BEING COMMONLY
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KNOWN AS THE DELRAY OAKS PRESERVE SITE
LOCATED AT THE NORTHWEST CORNER OF CONGRESS
AVENUE AND S.W. 29TH STREET, AS MORE PARTICU-
LARLY DESCRIBED HEREIN; AMENDING "ZONING MAP
OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 38-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 38-99 on
FIRST Reading, seconded by Mr. Wright. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin
- Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 39-99: An ordinance Chapter 31, "City
Officials and Employees", Subheading "General Provisions", of
the City Code by amending Section 31.02, "Compensation of Commis-
sioners and Mayor", to provide for adjustments to compensation
each year in a manner commensurate with increases in compensa-
tion to general City employees. If passed, a public hearing
will be scheduled for October 19, 1999.
The City Manager presented Ordinance No. 39-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
TITLE III, "ADMINISTRATION", CHAPTER 31,
"CITY OFFICIALS AND EMPLOYEES", SUBHEADING
"GENERAL PROVISIONS", OF THE CODE OF ORDI-
NANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 31.02~ "COMPENSATION OF
COMMISSIONERS AND MAYOR", TO PROVIDE FOR
ADJUSTMENTS TO COMPENSATION EACH YEAR IN A
MANNER COMMENSURATE WITH INCREASES IN COMPEN-
SATION TO GENERAL CITY EMPLOYEES; PROVIDING
A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE~
(The official copy of Ordinance No. 39-99 is on file
in the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Randolph moved to approve Ordinance No. 39-99 on
FIRST Reading, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
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At this point, the time being 7:00 p.m., the City
Commission moved to the duly advertised Public Hearings portion
of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 36-99 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Section 4.4.13(G) (2) of the
Land Development Regulations by reducing the front setback
requirement for properties located within the Central Business
District (CBD} lying east of the Intracoastal Waterway. If
passed, a second public hearing will be scheduled for October
19, 1999. (Applicant has cancelled his request to reduce the
front setbacks east of the Intracoastal Waterway on Atlantic
Avenue.) If passed, a second public hearing will be scheduled
for October 19, 1999.
The City Manager presented Ordinance No. 36-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC-
TION 4.4.13(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", SUBPARAGRAPH 4.4.13(G) (2),
"SETBACKS" TO PROVIDE THAT THE FRONT SET-
BACK MAY BE REDUCED TO ZERO FEET WHERE THERE
IS A MINIMUM SIDEWALK WIDTH OF EIGHT FEET
WITHIN THE SECTION OF THE CENTRAL BUSINESS
DISTRICT EAST OF THE INTRACOASTAL WATERWAY;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-99 is on file
in the City Clerk's office.)
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.
Diane Dominguez, Director of Planning and Zoning,
stated that the Planning and Zoning Board considered the text
amendment on September 27, 1999, and voted unanimously to recom-
mend denial based upon a failure to make a positive finding with
LDR Section 2.4.5(M) (5) that the amendment must be consistent
with and further the goals, objectives and policies of the
Comprehensive Plan. The Community Redevelopment Agency and the
Downtown Development Authority also recommended denial. For the
record, Ms. Dominguez noted that the applicant has withdrawn the
application.
Speaking from the audience was the following:
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John Bennett, 137 Seabreeze Avenue, urged the City
Commission to reject the proposed text amendment.
There being no one else who wished to address the City
Commission, the public hearing was closed.
Mrs. Archer moved to DENY Ordinance No. 36-99 on FIRST
Reading, seconded by Mr. Wright. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr.
Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote°
10.B. ORDINANCE NO. 37-99 (FIRST READING/FIRST PUBLIC
~EARING): An ordinance amending Section 4.6.13(G) (1) of the
Land Development Regulations to provide for parking requirements
for residential units in multi-family structures and mixed use
buildings within the Central Business District. If passed, a
second public hearing will be scheduled for October 19, 1999.
The City Manager presented Ordinance No. 37-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC-
TION 4.4.13(G), "SUPPLEMENTAL DISTRICT
REGULATIONS", SUBPARAGRAPH 4.4.13(G) (1),
"PARKING", TO PROVIDE FOR PARKING REQUIRE-
MENTS FOR RESIDENTIAL UNITS IN MULTIFAMILY
STRUCTURES AND MIXED USE BUILDINGS WITHIN
THE CENTRAL BUSINESS DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 37-99 is on file
in the City Clerk's office.)
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.
Diane Dominguez, Director of Planning and Zoning,
stated that the staff, the Parking Management Advisory Board,
the Community Redevelopment Agency, the Downtown Development
Authority and the Planning and Zoning Board all agree that the
residential parking requirements in the downtown currently are
excessive, are more characteristic of suburban development and
have been an impediment to infill development. Whatever parking
problems may exist in the downtown are not being created by
residential development. In fact, Ms. Dominguez felt that some
of the problems could be alleviated if there was more residen-
tial development downtown and more people who were able to work
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to their work or walk to shops and the like. The current propos-
al, instead of eliminating guest parking requirements, would
reduce the parking requirements for everything other than effi-
ciencies by one-quarter of a space. For example, a two bedroom
unit which currently requires two spaces would require 1.75
spaces under the proposed amendment.
Mayor Alperin declared the public hearing open.
Speaking from the audience were the following:
Tim Hernandez, Vice-President of Land for Pulte Homes,
spoke in support of the proposed text amendment. He stated it
is unrealistic to try to impose suburban standards on urban
development because what you end up doing is trying to take
standards that were designed for large, open tracts of land and
make them fit urban projects where the whole environment is
completely different.
Chris Brown, Executive Director of the Community
RedeveloDment Agency, urged the City Commission to adopt the
proposed ordinance as a good first step toward bringing more
housing to the downtown.
There being no one else from the audience who wished
to speak on this item, the public hearing was closed.
After discussion, Mrs. Archer moved to approve Ordi-
nance No. 37-99 on FIRST Reading, seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
10.C. ORDINANCE NO. 27-99 (SECOND READiNG/ADOPTION HEAR-
ING): An ordinance amending the Comprehensive Plan to address
state requirements regarding the siting of public school facili-
ties and to address state requirements regarding intergovernmen-
tal coordination.
The City Manager presented Ordinance No. 27-99:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN
AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT
TO THE PROVISIONS OF THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES SECTIONS
163.3161 THROUGH 163o3243, INCLUSIVE; AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"
ENTITLED "COMPREHENSIVE PLAN AMENDMENT" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 27-99 is on file
in the City Clerk's office.)
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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~
Paul Dorling, Principal Planner, stated that the
amendment involves the addition of new policies to the Comprehen-
sive Plan. The first amends the Future Land Use Element to
encourage the siting of schools within reasonable walking dis-
tances for neighborhoods and encourages the co-location of
public facilities such as parks, community centers and libraries
with school facilities. The amendment also includes an addition-
al policy to the Intergovernmental Coordination Element which
states that the City will use the Intergovernmental Plan Amend-
ment Review Committee (IPARC) process and the multi-jurisdiction-
al Issues Coordination Forum. Mr. Dorling noted that the City
already has this process in place. The new policies are re-
quired by the State to be incorporated into local government
comprehensive plans in order to conform with Florida Statutes.
The Department of Community Affairs has reviewed the proposed
amendment and has no objection.
Mayor Alperin declared the public hearing open.
Speaking from the audience was the following:
Gerald DeFoe, 142 Mockinqbird Lane in Country Manors,
expressed support for the proposed Comprehensive Plan amendment,
especially as it relates to school siting location criteria.
There being no one else who wished to address the City
Commission, the public hearing was closed.
Mr. Schmidt moved to approve Ordinance No. 27-99 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Wright - Yes; Mr.
Randolph Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Aqenda Items from the
Public-Immediately followinq Public Hearinqs.
11.A. City Manaqer's response to prior public comments and
inquiries.
There were no prior comments or inquiries requiring a
response.
11.B. From the Public.
11.B.1. Donald Allgrove, resident of Rainberry Lake, stated he
is the President of the Recreation Governing Board at Rainberry
Lake. That community has had a problem with vandalism and one
of the things that happened was the destruction of the entry
gate to the swimming pool. After the gate was destroyed, plans
-17- 10/05/99
were submitted to the City for a permit to replace the gate.
Nothing seemed to happen, so calls were made and he was told
that the permit had to be approved by the Fire Department. This
was understandable since there might be circumstances where the
Fire Department would need to gain access to the area. After
checking with the Fire Department, the permit was eventually
sent back to City Hall but then he was told it had to be ap-
proved by the landscaping division. Mr. Allgrove summarized by
stating that it has taken five weeks thus far and they still do
not have the permit for the gate. He asked why it is taking so
long for the City to issue this permit?
Mayor Alperin stated that the matter will be looked
into and a response provided at the next meeting.
There was no one else from the audience who wished to
address the City Commission on any non-agendaed item.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer.
The City Manager expressed his appreciation to the
Mayor and City Commissioners for their continued confidence in
him. He then stated that he had a good trip to the City Manag-
ers' Conference held in Portland, Oregon. One interesting thing
he did not know when he went out there is that Oregon is one of
two states in the country that do not allow self-service gaso-
line sales.
With respect to the residential parking issue, the
City Manager commented that what he and staff want to do is be
sure we are not building more parking than is needed for residen-
tial because you are spending money on something that is just
going to sit there empty. The other thing we are trying to do
is reduce the total number of trips by getting people to live in
a situation where they will not have to use their automobile
every time they want to do anything. He described the manner in
which the City of Vancouver has approached this issue and the
success that city has had in reducing the number of cars in the
downtown area. Vancouver has demonstrated that mixed use devel-
opment can be successful in reducing dependence on the automo-
bile, and he hoped that Delray Beach would see similar types of
things happen here.
13.B. City Attorney.
The City Attorney expressed her thanks and apprecia-
tion to the Mayor and City Commissioners for their favorable
evaluation of her work and office.
13.C. City Commission.
13.C.1. Commissioner Schmidt had no comments or inquiries.
-18- 10/05/99
13.C.2. Commissioner Archer commented that she had received a
call from a resident who was very concerned about the instlla-
tion of the new water meter system. He felt that the individu-
als who are doing the work are causing more problems than they
need to because evidently there were some repairs that were
needed after they left and, for one reason or another, it took
about 4 or 5 days to get those repairs done. The question then
came up as to whether or not the crews had appropriate creden-
tials for employment. Mrs. Archer stated she did not feel there
is any impropriety there, but since the question was raised she
felt it should be reviewed and responded to.
13.C.3. Commissioner Wriqht commented that he would like the
City Commission to take a closer look at the guest parking
issue. If a developer wanted to come in and build a small
residential complex, say 20 units, they would need ten guest
parking spaces for 20 units which does not pass the common sense
test. For those people interested in doing some of the smaller
infill projects, this type of requirement must be very discourag-
ing. He felt this is an issue the Commission needs to look at
closely.
13.C.4. Commissioner Randolph asked what, if any, type of
hurricane protection is provided for the residents of Auburn
Trace and who is responsible for boarding up and the like. When
we had the close call with Hurricane Floyd, he received several
calls from residents who indicated there was no protection. If
a poicy does not exist, Mr. Randolph felt we need to see what
can be done to offer some protection to the Auburn Trace resi-
dents in the event of a hurricane.
Mr. Randolph also mentioned again about the traffic
lights on West Atlantic Avenue. He commented that numerous
citizens have asked him about a turning light for S.W./N.W. 12th
and Atlantic at the very least. He stated that he does not even
try to come out of N.W. llth Avenue onto Atlantic because of the
speed of some of the drivers comin9 off of 1-95 heading east
into Delray. He asked that the City continue to petition whoev-
er has the responsibility for this corridor to keep looking at
the situation because sooner or later somebody with some sense
will realize that we need a light with turnin~ signals at 12th
Avenue at the very least.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin de-
clared the meeting adjourned at 7:35 p.m.
.... J Cit~-C~erk
ATTEST:
-19- 10/05/99
The undersigned is the City Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of October 5, 1999, which
minutes were formally approved and adopted by the City Commis-
sion on ~rr(_w~9 /9,
dity ~le~k
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
10/05/99