09-15-98 SEPTEMBER 15~ 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
September 15, 1998.
1. Roll call showed:
Present - Commissioner Kevin Egan (arrived 6:20 p.m.)
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
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 Pastor Kenneth D.
Green, Trinity Lutheran Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin stated a request has been made to move
Item 9.F., Request for Support/Speed Restrictions on Intracoastal
Waterway South of the Linton Bridge, up on the agenda to be
considered as the first item on the regular agenda. It was the
consensus of the City Commission to accommodate this request.
The City Manager asked that Item 8.P., Interlocal
Agreement with Palm Beach County/Unlicensed Construction Activi-
ty", be removed from the agenda since the City Attorney has some
concerns that have not yet been clarified. The agreement will be
brought back at a later date.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4
to 0 vote.
5. Approval of Minutes:
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of August 18, 1998, seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes. Said motion passed with a 4 to 0 vote.
6. Proclamations:
6.A. Constitution Week ~ September 17 thru 23, 1998.
Mayor Alperin read and presented a proclamation in
recognition of Constitution Week and in commemoration of the
211th anniversary of the signing of the Constitution of the
United States of America. Ms. Debra Brenner, Regent, Jonathan
Dickinson Chapter of the Daughters of the American Revolution,
came forward to accept the proclamation.
6.B. Pollution Prevention Week - September 21 thru 27,
1998.
Mayor Alperin read and presented a proclamation in
recognition of Pollution Prevention Week as an opportunity for
government to join forces with business, industry, environmental
groups, community organizations and the citizenry at large to
work toward a prosperous and sustainable future. Robert A.
Barcinski, Assistant City Manager, came forward to accept the
proclamation.
6.C. Recoqnizinq and commending the members of the Delra¥
Beach Lifequard Competition Team for their performance at the
1998 United States Lifesavinq Association National Lifequard
Championships.
Mayor A1perin read and presented a proclamation recog-
nizing and commending the members of the Delray Beach Lifeguard
Competition Team for their performance at the 1998 United States
Lifesaving Association National Lifeguard Championships. The
team members are Fred Burwell, Patricia Daymon, Heather Hansen,
Tom Hemenway, Mark Henkle, Jen Koss, James McLaughlin, Frank
Richter, Lance Seiler, Regis Smeltz, Tom Swift, Brent Tracy and
Chris Wiley. Mr. Rich Connel, Beach Supervisor, came forward to
accept the proclamation on behalf of the Lifeguard Competition
Team.
7. Presentations:
7.A. Distinquished Budget Presentation Award for 1998 from
the Government Finance Officers Association (GFOA).
Mayor Alperin announced that the Government Finance
Officers Association has awarded it's Distinguished Budget
Presentation Award to the City of Delray Beach. This award is
the highest form of recognition in governmental budgeting and
represents a significant achievement by the City's Finance
Department.
Joe Safford, Director of Finance, came forward to
accept the award on behalf of his department. He noted that this
is the 12th year the City of Delray Beach has received this award
and especially recognized the efforts of Regina Frazier, Budget
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Administrator, and Sherry Muehlberg, Administrative Manager, in
producing the budget document and commended them on this achieve-
ment.
7.B. Plaque commemoratinq Delray Beach's selection as a 1998
All-America City Finalist in recoqnition of achievement through
citizen action.
Mayor Alperin presented a plaque from the National
Civic League commemorating Delray Beach's selection as a 1998
All-America City Finalist to Lula Butler, Director of Community
Improvement, and expressed his thanks and appreciation on behalf
of the City Commission for a job well done.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINANCING FOR CLUB CAR GOLF CARTS: Approve financing
through SunTrust at the rates and terms specified for the
lease/purchase of 60 Club Car golf carts for the Lakeview Golf
Course and 80 Club Car golf carts for the Municipal Golf Course,
with funding through 446-4713-572-44.90 (Lakeview Golf Course
Equipment Lease) and 445-4713-572-44.90 (Municipal Golf Course
Equipment Lease).
8.B. GRANT APPLICATION FOR POMPEY PARK BALLFIELDS: Author-
ize submitting an application to the Florida Recreation Develop-
ment Assistance Program (FRDAP) for grant funding in the amount
of $100,000 to assist with the programmed improvements for the
ballfields at Pompey Park.
8.C. TRAINING AGREEMENT RENEWAL/SCHOOL DISTRICT OF PALM
BEACH COUNTY: Approve renewal of the agreement between the
School District of Palm Beach County and the City for vocational
education programs for City employees for the period July 1, 1998
through June 30, 1999.
8.D. FIFTH AMENDMENT TO BANKING SERVICES AGREEMENT WITH
BARNETT BANK: Approve the Fifth Amendment to the Banking Servic-
es Agreement with Barnett Bank of Palm Beach County at present
pricing through September 30, 2000, with an option to renew the
contract for up to two (2) additional 12 month periods, with
pricing to be reviewed prior to each option period.
8.E. AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT WITH PALM
BEACH COUNTY FOR LAKE IDA ROAD BEAUTIFICATION: Approve an
amendment to the Financial Assistance Agreement with Palm Beach
County dated April 1, 1997, relative to Lake Ida Road beautifica-
tion (Congress Avenue to Swinton Avenue segment) to extend the
deadline for submittal of reimbursement documentation by the City
until June 30, 1999.
8.F. THIS ITEM WAS REMOVED FROM THE AGENDA.
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8.G. SPADY HOUSE GRANT AWARD/RESTRICTIVE COVENANTS: Approve
restrictive covenants relating to the State Historic Preservation
Grant award to the Community Redevelopment Agency for the resto-
ration of the Spady House.
8.H. CONDITIONAL PERMIT AGREEMENT WITH LAKE WORTH DRAINAGE
DISTRICT: Approve a conditional permit agreement with the Lake
Worth Drainage District to allow the City to act as the licensee
for utility improvements in the LWDD L-33 Canal right-of-way
which are necessary to provide water service to a new development
located just north of the canal.
8.I. SERVICE AUTHORIZATION #3/DIGBY BRIDGES, MARSH & ASSOCI-
ATES (ORCHARD VIEW PARK MASTER PLAN): Approve Service Authoriza-
tion #3 in the amount of $22,500.00 with Digby Bridges, Marsh &
Associates for consulting services in developing a master plan
and specifications for improvements to Orchard View Park, with
funding from 117-4178-572-61.10 (Recreation Impact Fee/Southwest
Park).
8.J. CLOSEOUT CHANGE ORDER #6 AND FINAL PAYMENT/MOLLOY
BROTHERS, INC. (S.E. 4TH AVENUE ROADWAY IMPROVEMENTS): Approve
closeout Change Order #6 in the net deduct amount of $380.03 and
final payment in the amount of $47,700.00 to Molloy Brothers,
Inc. for completion of the S.E. 4th Avenue Roadway Improvements
project (original contract plus change orders/contract additions
#1-5), with funding from 448-5411-538-63.90 (Stormwater - Other
Improvements) for the $380.03 deduct and $47,700 final payment
from 441-5161-536-63.72 (Water & Sewer Capital Outlay - Bermuda
Gardens Drive).
8.K. FINAL PAYMENT/ALMAZON BROTHERS TRUCKING, INC. (WOODS OF
SOUTHRIDGE ROADWAY IMPROVEMENTS): Approve final payment in the
amount of $37,986.00 to Almazon Brothers Trucking, Inc. for
completion of the Woods of Southridge roadway improvements
special assessment project, with funding from 334-3162-541-61.22
(General Construction Fund - Woods of Southridge) .
8.L. IMPROVEMENT PLAN FOR A PORTION OF CURLEW ROAD: Approve
the plan to pave the easternmost portion of Curlew Road to
include parking and a turnaround area in conjunction with the
Leon Weekes Environmental Preserve and associated improvements.
8.M. RESOLUTION NO. 58-98: Approve a resolution supporting
Revision #10 to the Florida Constitution, a proposed constitu-
tional change containing several issues of importance to cities,
namely ex parte communications and revisions to tax exemptions,
and encouraging our citizenry to vote "Yes" to this revision.
The caption of Resolution No. 58-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
REVISION #10 TO THE FLORIDA CONSTITUTION, AND
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ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS
REVISION.
(The official copy of Resolution No. 58-98 is on file
in the City Clerk's office.)
8.N. RESOLUTION NO. 52-98: Approve a resolution authorizing
the City's acquisition of property located at 119 S.W. 7th Street
to accommodate the construction of a chemical storage facility
for the water treatment plant, and accepting the agreement for
purchase and sale.
The caption of Resolution No. 52-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
(The official copy of Resolution No. 52-98 is on file
in the City Clerk's office.)
8.0. RESOLUTION NO. 50-98: Approve a resolution assessing
costs for abatement action required to remove nuisances on 25
properties throughout the City.
The caption of Resolution No. 50-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 50-98 is on file
in the City Clerk's office.)
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8.P. RESOLUTION NO. 51-98: Approve a resolution assessing
costs for abatement action required for the emergency board-up of
an unsafe structure located at 227 N.W. 5th Avenue.
The caption of Resolution No. 51-98 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 EFFEC-
TIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION; 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. 51-98 is on file
in the City Clerk's office.)
8.Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period August 17th through September 11, 1998.
8.R. AWARD OF BIDS AND CONTRACTS:
1. Bid award in the amount of $92,345.15 to Jam Rock,
Inc. for sidewalk construction on S.W. 4th Street
between Swinton Avenue and S.W. 6th Avenue, and on
S.W. 6th Avenue from S.W. 4th Street to Atlantic
Avenue, with funding from 118-1965-554-63.11
(Community Development - Bikepaths/ Sidewalks).
2. Bid award in the estimated annual amount of
$12,705.00 to Jones Chemicals, Inc. for the
purchase of hydrofluosilicic acid (liquid flou-
ride) for the Water Treatment Plant, with funding
from 441-5122-536-52.21 (Water Treatment & Storage
- Chemicals) from FY 1999 Budget.
3. Contract award in the total amount of $26,050.00
(base bid $24,850 plus $1,200 for alternate #1) to
Republic Construction & Development Corp. for
renovations to the employee lounge/training room
at the Parks and Recreation maintenance facility,
with funding from 001-4131-572-62.10 (Parks and
Recreation - Buildings).
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4. Contract award in the amount of $407,020.00 to
Telcon, Inc. for Phase II of the Highland Beach
Force Main Replacement project (along A1A from
Hibiscus Drive south to the point of connection at
the Highland Beach town limits), with funding from
442-5178-536-63.92 (Water and Sewer R&R/Highland
Beach Force Main).
5. Bid award at an estimated annual cost of
$30,000.00 to Aquifer Maintenance & Performance
Systems, Inc. for the annual contract for well
rehabilitation, with funding from
442-5178-536-61.82 (Water and Sewer R&R/Well
Rehab) from 1999 Budget.
6. Bid award at an estimated annual cost of
$16,500.00 to Walcott & Son as the primary con-
tractor and to RPMS Co., Inc. as the secondary
(backup) contractor for Code Enforcement nuisance
abatements (lot clearing and mowing), with funding
from 001-2741-524-34.30 (Code Enforcement - Lot
Mowing/Clearing) from 1999 Budget.
7. Purchase award in the total amount of $46,249.67
to GameTime, via Florida SNAPS (State Negotiated
Agreement Price Schedule) contract, for playground
equipment to be installed at Merritt Park and the
Leon Weekes Environmental Preserve. Funding in
the amount of $17,862 (Merritt Park) will be from
118-1965-554-63.40 (CDBG - Recreation Improve-
ments), with $28,387.67 (Weekes Preserve) from
117-4169-572-63.40 (Recreation Impact Fee -
Recreation Improvements).
8. Purchase award in the total amount of $11,395.00
to HTE Inc., sole source vendor, for interactive
reporting software (Cognos Impromptu for
CRIMES/CADIII) to interface with the Police
Department's AS400, with funding from
115-2114-521-64.11 (Block Grant Special
Projects/Computer Equipment).
9. Bid award in the amount of $24,747.00 to Hoover
Canvas Products Co. for seat "kill" or cover for
certain sections of the tennis stadium seating
during the Chris Evert Pro-Celebrity Tennis
Classic, with funding from 334-4145-572-63.90
(General Construction Fund - Tennis Center).
10. Purchase award in the total amount of $18,787.87
to J.Co White Office Furniture, via Florida State
Contract, for replacement office furniture in the
Juvenile Investigations Division and Crimes
Against Persons Division at Police Headquarters,
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with funding in the amount of $12,318.40 from
001-2115-521-51.20 (Police Investigation/Office
Equipment) and $6,469.47 from 001-2115-521-64.10
(Police Investigation/Office Furniture & Fix-
tures).
Mr. Ellingsworth moved to approve the Consent Agenda as
amended, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
4 to 0 vote.
9. REGULAR AGENDA:
By prior consensus of the City Commission, Item 9.F.
was moved forward on the agenda.
9.F. REQUEST FOR SUPPORT/SPEED RESTRICTIONS ON INTRACOASTAL
WATERWAY SOUTH OF THE LINTON BRIDGE: Consider a request from
Maureen Turner concerning City support for the imposition of
speed restrictions on the Intracoastal Waterway south of the
Linton Boulevard bridge.
Mayor Alperin explained this is essentially a request
to prepare a resolution asking Palm Beach County to request the
Florida Department of Environmental Protection (FDEP) to have the
Marine Patrol do a study to evaluate the request and see if new
or additional speed restrictions might be warranted in this area
of the Intracoastal Waterway.
Mr. Randolph commented that while speed limit signs are
great, unless we get the enforcement to go along with them there
will be still be problems.
The City Manager commented that our volunteer Marine
Patrol is doing a good job of augmenting the Florida Marine
Patrol and hopefully can continue to do that.
It was the consensus of the City Commission to support
the request, with direction to staff to prepare a resolution and
bring it back for formal consideration at the September 22nd
regular meeting.
9.A. ACCEPTANCE OF RIGHT-OF-WAY EASEMENT AGREEMENT FOR
FORMANO PROPERTIES AND WITHDRAWAL OF APPEAL: Consider acceptance
of an easement agreement to resolve the right-of-way issue, and
withdraw the appeal of SPRAB's action to approve the Class III
site plan modification, landscape plan and architectural eleva-
tions associated with the renovation of an existing commercial
building and construction of an off-site parking lot for Formano
Properties, specifically as to the dedication of right-of-way.
The subject property is located on N.E. 4th Avenue, between N.E.
2nd and 3rd Streets.
8 9/15/98
The City Attorney noted that the City Commission had
raised an appeal regarding the Site Plan Review and Appearance
Board's approval of this site plan, specifically as to the
dedication of right-of-way. She stated that a right-of-way
easement agreement has been worked out which dedicates sufficient
right-of-way to the City in this area. If the agreement is
accepted by the City Commission, then the appeal should be
withdrawn.
Mr. Schmidt moved to approve the right-of-way easement
agreement with Formano Properties and withdraw the appeal of
SPRAB's action to approve the development application. The
motion was seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 4 to 0 vote.
Commissioner Kevin Egan arrived at the meeting, the
time being 6:20 p.m.
9.B. CONDITIONAL USE REQUEST/VILLAS DELRAY: Consider a
request for conditional use approval to establish a residential
density in excess of 30 units/acre within the Central Business
District (CBD) for Villas Delray, a proposed mixed use develop-
ment. The subject property is located at the southeast corner of
N.E. 4th Avenue and N.E. 1st Street. 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,
entered the project file into the record. Ms. Dominguez stated
this proposal involves the construction of a mixed use develop-
ment comprised of two 2-story buildings. The building proposed
for the west side of the property is 2,400 sq.ft, of office space
on the ground floor and two one-bedroom apartments on the second
floor. The building proposed for the east side of the property
is also 2-stories with four (4) one-bedroom apartments. The
project also includes a garden area and lap pool. The density as
proposed is 30.3 units per acre which slightly exceeds the 30
unit/acre maximum in the Central Business District; hence,
conditional use approval is necessary.
Ms. Dominguez stated that positive findings can be made
with regard to concurrency and the performance standards needed
to obtain the density increase. The main issue with the proposed
project has been the parking. Per code, it requires nineteen
(19) parking spaces. As proposed, the applicant is providing six
(6) spaces on site which are accessed off of the alley and is
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proposing to build an additional five (5) spaces in the right-
of-way on N.E. 1st Street and pay the in lieu of parking fee for
the remaining eight (8) parking spaces. She noted there has been
a lot of discussion in recent months regarding the use of the in
lieu of fee. The Planning and Zoning Department is processing an
amendment to the in lieu of parking ordinance that hopefully will
address some of the concerns that have been raised in this
regard. With respect to the proposed project, however, that is
the main reservation.
Ms. Dominguez continued that the proposal has been
reviewed by a number of entities including the Community Redevel-
opment Agency, the Downtown Development Authority, the Parking
Management Advisory Board, and the Planning and Zoning Board.
Ail have recommended approval, although the DDA originally had
some reservations but reversed its opposition at a later meeting.
The Planning and Zoning Board recommended approval on a 6 to 1
vote. Ms. Dominguez commented that she felt the general feeling
with all of the boards is that while the proposed project is not
providing all of its parking on site, there is additional parking
being placed in the right-of-way that can also be used by the
public and that the style and development pattern of the proposal
is consistent with what exists in the downtown area. As pro-
posed, the buildings would have the kind of scale and ambiance
that would not be possible if all of the parking were to be
provided on site. Ms. Dominguez noted the City has been trying
to promote downtown housing and this project represents a nice
infill development that has some unique features. She felt this
contributed largely to support of the project by the various
boards. She further noted that the applicant does have an
alternative plan that provides most of the parking on the site,
but would put the building at three stories.
Jeffrey Silberstein, architect, presented schematic
drawings of the project as proposed and recommended for approval
by the Planning and Zoning Board, and reviewed various features
of the development proposal including architectural features as
well as the availability of public parking in the general area.
He then presented an alternate scheme which proposes a single
building at a height of 3-1/2 stories where 13 parking spaces
would be provided on the site with the balance constructed in the
right-of-way, with no request for the in lieu of parking fee
option. This would include a little less commercial space and
eight (8) studio apartments. Mr. Silberstein stated he feels the
project as proposed is the correct project for the area, but
would of course defer to the Commission's judgment.
At this time, the proceeding was opened for public
comment.
Tom Smith, owner of an office at 96 N.E. 4th Avenue,
expressed concern about the proposed project's parking deficien-
cy. Only one-third of the parking needed for the project is
being provided on site, and Mr. Smith did not feel this would set
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an acceptable standard for other projects that will come in
behind this one. He felt that if the proper tone is set in the
community, then people will come to the City with projects that
are designed with adequate parking on site right from the begin-
ning. Mr. Smith further noted that in this area of town, espe-
cially during the season, there is not a lot of available park-
ing. As a businessman, he wants his customers to be able to park
as close as possible as part of the benefit of being on the
ground floor in Delray Beach. He urged the City Commission to
take this into consideration and take this opportunity to ensure
that the required parking is accommodated on the site.
Joel Straw~, offices at 54 N.E. 4th Avenue, concurred
with Mr. Smith's remarks. He felt it unfair for a new project to
impose on the surrounding property owners because of its own
parking shortfall, and that new developments should be designed
so that the required parking can be accommodated on site.
Michael Weiner, offices at 102 North Swinton Avenue,
spoke in support of the proposed project. Given the project's
location and the availability of parking in the area, it is
entirely appropriate for the in lieu of option to be used. Both
the Planning and Zoning Board, on a 6 to 1 vote, and the staff
are recommending approval based on a system that is in place to
help achieve the Cityscape that has been envisioned for Delray
Beach.
Carol Stanley, offices at 29 N.E. 4th Avenue, spoke in
opposition to the proposed project. She stated the available
parking in the area is why 4th Avenue works, why everybody wants
to be there. If people can't park, they will not come back. She
urged the Commission to take the leadership role and develop a
parking plan for Delray Beach, noting that she feels it should
have been done a long time ago.
In response, Mr. Silberstein stated he feels strongly
the proposed development is the right one for this location. He
noted that several of the neighboring property owners have
written letters in support of the project. While he appreciates
the concerns which have been expressed, he sincerely believes
there is a tremendous amount of available parking on the street
based on the studies he has done for the project.
Debora Turner, landscape architect with offices at 277
S.E. 5th Avenue, stated she feels everyone is aware that there is
a great deal of available parking in this area. The whole crisis
with parking started on the east side of the Intracoastal Water-
way and she feels it is being applied citywide even though there
has been no study done to show definitively that there is a
crisis on the west side. Ms. Turner noted that the opportunity
is there for the various City boards and the City Commission to
allow variances and waivers when it will result in a superior
product. This flexibility is particularly needed in the historic
districts and in the downtown where each project has to be looked
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at on a case by case basis and judged on its own merits. She
concluded by commenting that the scale and the feeling for the
first proposal is what fits in with downtown, and she urged the
City Commission to choose the best project.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mr. Ellingsworth distributed a copy of LDR Section
4.6.9(E), "Location of Parking Spaces", which provides that
street parking, parking located in the public right-of-way, or
parking located in public parking facilities shall not be used to
satisfy on site parking requirements. He stated the proposed
project does not qualify because it is using on-street parking
for its requirements. Further, LDR Section 4.6.9(E) (3) says that
if it is impossible or inappropriate to provide the required
number of on site parking spaces, the City Commission may approve
the payment of a fee in lieu of providing such required parking.
Mr. Ellingsworth pointed out that it does not say that if it is
impossible or inappropriate to provide the parking on site
because of what the applicant wants to develop on the property.
The property under consideration is vacant and there is nothing
to indicate it is impossible to provide on site parking, so Mr.
Ellingsworth felt the proposal does not qualify for the in lieu
of parking fee provision. He further noted that LDR Section
4.6.9(D) (2) (b) says that backout parking into alleys shall have
10 feet wide parking spaces. This project has 9 feet wide
parking spaces and again does not meet code. As to granting the
conditional use request, LDR Section 2.4.5(E) (5) states that the
Commission must make a finding that the conditional use will not
have a significantly detrimental effect upon the stability of the
neighborhood. Mr. Ellingsworth stated that, in his opinion, if
the proposed project is approved we will see a domino effect
start almost immediately whereby people who have been allowing
the use of their private parking by the public will have to
revert for their own protection to booting, towing or hiring to
people to patrol their lots, and this will have a very detrimen-
tal effect upon the neighborhood. In view of all of the above,
Mr. Ellingsworth stated he would not support the project.
Mr. Egan commented that during his tenure on the
Community Redevelopment Agency, that board went begging for
developments such as the proposed project. The CRA wanted
housing downtown and infill projects on some of the vacant lots
just off of Atlantic Avenue. On the other hand, as liaison to
the Parking Management Advisory Board, he is keenly aware of the
problems, real and perceived, with parking in the downtown.
There is no question there is a problem east of the Intracoastal
Waterway. On the west side, with the emergence of the downtown
as an entertainment district, there is a problem with parking on
Thursday, Friday and Saturday nights. There is a problem during
special events and during the season. But even so, should we
start putting parking lots all over the City so that people can
have their customers park right in front of their stores or
-12- 9/15/98
within half a block, or do we look at each area of the City and
each project on its own merits and weigh whether or not there is
a parking problem in a given area and when that parking problem
occurs. This is basically where the Parking Management board is
at this point. The current proposal is for a small, infill
project in an area of the downtown where parking is generally
available, and in this particular case he feels the use of the in
lieu of parking provision is appropriate, and that the project as
proposed in appropriate for the location.
Mr. Randolph stated that he feels the proposed project
relates very well to the concept of downtown housing to support
businesses. While the parking situation may not be ideal, he
feels it is appropriate for this particular location and will
support the project.
Mr. $chmidt commented that if anyone in the area is
going to be directly affected in the worst case scenario, it will
be the parking lot at his office building which is located
directly across the street from the proposed project, and if
people need some place to park they will park in his lot. Be
that as it may, he stated he supports the project. In his
opinion, the argument to put all of the parking on site and to
look at the alternative building that that would require is
completely out of scale and out of character with what we want in
Delray and with the neighborhood. In addition, he feels the
proposed mixed use makes for a good mix on parking. If the
project was strictly commercial, he would not support it.
However, with the residential and commercial, there are going to
be spaces that are available during the day for customers to park
because the residents will be out at work, and vice versa in the
evening. Mr. Schmidt stated he has reviewed the plans with the
applicant and is comfortable that the project will work at this
location.
Prior to his comments, Mayor Alperin asked how many
parking spaces have been constructed by the City with the in lieu
of parking collected thus far? Ms. Dominguez responded that none
have been constructed at this point. Mayor Alperin stated he has
a problem with collecting in lieu fees to provide parking that is
never provided. He does not see where the money is going to
actually construct parking spaces in the areas where the in lieu
fees are paid. Further, he does worry that this is going to
create a precedent that may get out of hand. However, there are
other issues to consider. He noted that the applicant has
presented two development schemes for the site, but that doesn't
mean there aren't other schemes that might be more acceptable.
Nonetheless, Mayor Alperin stated he had urged the Commission to
consider a moratorium until the in lieu of parking situation was
resolved, but Commission chose not to impose one. In doing that,
Mayor Alperin felt the door was left open for this applicant to
ask for the in lieu of consideration. While he feels the devel-
opment proposal is a major error, Mayor Alperin stated he would
have to vote in favor of it, reluctantly, because of the Commis-
-13- 9/15/98
sion's prior action not to impose a moratorium on the use of in
lieu of parking fees. The door was left open and it would not be
fair to close it on this particular applicant.
Mr. Egan moved to approve the conditional use request
for Villas Delray (mixed use development), based upon positive
findings with respect to Chapter 3 (Performance Standards),
Section 2.4.5(E) (5) (Required Findings) and Section 4.R.13(I)
(Performance Standards) of the Land Development Regulations, and
the policies of the Comprehensive Plan, subject to conditions as
recommended by the Planning and Zoning Board. The motion was
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 4 to 1 vote.
9.C. CONDITIONAL USE REQUEST/PRESIDENTIAL AUTO LEASING &
SALES: Consider a request for conditional use approval to
establish a full service vehicle repair facility in conjunction
with Presidential Auto Leasing & Sales, Inc. The subject proper-
ty is located at the southeast corner of South Federal Highway
and Avenue "L" (former Delray Isuzu dealership) and is zoned AC
(Automotive Commercial). 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,
entered the project file into the record. She stated the site
involves the former Delray Isuzu dealership property where Delray
Isuzu previously had a full service franchise dealership and
conducted both sales and auto repair service. Presidential Auto
is a sales, leasing and service operation but is not, per City
code, considered a franchise dealership. For that reason, the
auto repair function requires a conditional use approval. As
described in the staff report, the service function will occupy
the same bays that were used by the Isuzu dealership. There are
no changes or additions proposed with the new business; however,
some conditions of approval have been added that will improve the
site. These conditions are that the wall along the southern
boundary be extended 40 feet and that the rear wall be painted.
Also, the landscaping needs to be upgraded to be consistent with
the original approved plan. It is further recommended that the
conditional use approval not include paint and body because of
the proximity of the bays to a residential area. The bays are
only 15 feet from residentially zoned property where a minimum of
100 feet is required per code, but this is an existing condition
and while they are close to the zoning district line, they are
-14- 9/15/98
located at least 200 feet from the nearest residence. A waiver
request is included as part of this proposal.
Ms. Dominguez further stated that the Planning and
Zoning Board held a public hearing on this item on August 17,
1998. There was no public testimony and the board voted unani-
mously to recommend approval of both the waiver and the condi-
tional use requests subject to the conditions as outlined in the
staff report.
Robert Eisen, attorney representinq Presidential Auto
Leasing & Sales, noted that the Planning and Zoning Board did
make one change to the staff recommendation, and that is that the
south property line wall be extended to the zoning line, not 40
feet. Mr. Eisen stated the zoning line is the demarcation for
the wall and the Planning and Zoning Board agreed that that
should be the point to which it should be extended. Mr. Eisen
further stated that with the issue of painting the rear wall, the
owner agrees in concept with painting the wall but a large
portion of the wall is screened by some mature landscaping. He
stated there are portions of the wall that are exposed and those
areas will be painted, but the owner does not feel there is a
need to paint the areas obscured by the mature landscaping. Mr.
Eisen concluded by stating that with respect to the last condi-
tion that the landscaping be reinstated as previously approved on
the original plan, the applicant is in the process of presenting
a revised landscape plan to the Site Plan Review and Appearance
Board. However, the way the condition is currently worded
requires the landscape plan to be approved and completed before
an occupational license will be issued for the repair facility
which is up and operating at the site right now. Mr. Eisen
requested relief on this condition to allow the immediate opera-
tion of the repair facility.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Discussion by the Commission followed.
Mr. Randolph asked for clarification that the property
owner and the staff both agree on the same condition with respect
to the wall. If it is a problem, he felt it should be cleared up
prior to Commission voting on the matter.
Ms. Dominguez noted that the staff report states that
the wall was required to adequately screen the repair facility
from the adjacent residential area. It was not required to be
consistent with the zoning district line. Discussion ensued as
to where the wall ends with respect to the zoning line and if it
is adequate to satisfy the intent that it provide visibility
screening. Mr. Eisen stated the applicant is agreeable to
extending the wall to the zoning line as recommended by the
Planning and Zoning Board; where the zoning line actually is
located, however, is something that can be settled conclusively
by a survey of the legal description.
-15- 9/15/98
As to the painting of the wall, it was agreed that the
applicant would work with staff to reach a reasonable solution
based on the difficulty of painting the wall in view of the
existing landscaping.
As to Mr. Eisen's request that the occupational license
for the repair facility be issued prior to SPRAB's approval of
the new landscape plan, it was the consensus of the City Commis-
sion to require some type of improvement agreement acceptable to
the City Attorney as assurance that the landscaping will be
pursued and ultimately installed.
Mr. Schmidt moved to approve the waiver request from
LDR Section 4.4.10(G) (4) (a), "Location Restrictions" to allow
the Presidential Auto Leasing & Sales repair facility to be
located within 100 feet from a residentially zoned lot based upon
positive findings pursuant to LDR Section 2.4.7(B) (5) 0 The
motion was seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Randolph moved to approve the conditional use
request for the establishment of a full service vehicle repair
facility for Presidential Auto Leasing & Sales, with the excep-
tion of a body shop and paint booth, based upon positive findings
with respect to Chapter 3 (Performance Standards) and Section
2.4.5(E) (5) of the Land Development Regulations, and the policies
of the Comprehensive Plan, and subject to the conditions recom-
mended by the Planning and Zoning Board, modified as follows:
(1) That a Class I site plan modification be processed
indicating the extension of the wall along the south property
line to the zoning line, and that the rear of the walls be
painted to match the building prior to the issuance of an occupa-
tional license for the repair facility, provided that staff will
work with the applicant so as not to unduly disturb trees and
plantings in the painting process;
(2) That the full service vehicle repair facility be
operated by Presidential Auto Leasing and not leased out to
another party for its operation; and
(3) That the landscaping be reinstated as previously
approved on the original landscape plan or process a revised
landscape plan through the Site Plan Review and Appearance Board;
and with the additional condition
(4) That the applicant will enter into an agreement
acceptable to the City Attorney's office with sufficient bonding
and a time frame of sixty (60) days.
The motion was seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
9/ 5/98
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the time being 7:20 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 53-98: A resolution tentatively levying
a tax on all properties within the City of Delray Beach for
maintenance and operation, and for payment of principal and
interest on bonded indebtedness, for FY 1999. Prior to consider-
ation of passage of this resolution, a public hearing has been
scheduled to be held at this time.
The City Manager presented Resolution No. 53-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY
LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY
OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO TENTATIVELY LEVY A TAX FOR
THE PAYMENT OF PRINCIPAL AND INTEREST ON
BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 53-98 is on file
in the City Clerk's office.)
The City Attorney stated that the tentative millage
rate of 7.70 mills (6.91 mills for operation and maintenance of
the General Fund and 0.79 mills for the payment of principal and
interest on bonded indebtedness) is one-tenth of a mill less than
FY 1998. The rolled back rate calculated under the TRIM law for
operating purposes is 6.61 mills. The tentative millage rate is
4.54% above the rolled back rate.
The City Manager noted that the tentative millage rate
is five-hundredths of a mill less than the basis for the TRIM
notice that was sent to all property owners.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Ellingsworth moved to approve Resolution No. 53-98,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
-17- 9/15/98
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
Prior to roll call, Mr. Schmidt commented that he hoped
in next year's budget the Commission will take a good, hard look
at trying to build up the City's reserve.
10.B. RESOLUTION NO. 54-98: A resolution tentatively levying
a tax on all properties within the Downtown Development Authority
Taxing District of the City of Delray Beach for FY 1999. Prior
to consideration of passage of this resolution, a public hearing
has been scheduled to be held at this time.
The City Manager presented Resolution No. 54-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO TENTATIVELY
LEVY A TAX ON ALL PROPERTIES WITHIN THE
DOWNTOWN DEVELOPMENT AUTHORITY TAXING DIS-
TRICT OF THE CITY OF DELRAY BEACH, FLORIDA,
FOR MAINTENANCE AND OPERATION, AND TO APPRO-
PRIATE SAID COLLECTIONS THEREUNDER.
(The official copy of Resolution No. 54-98 is on file
in the City Clerk's office.)
The City Attorney stated that Resolution No. 54-98
tentatively levies a tax in the amount of 1.00 mill on all
properties within the Downtown Development Authority Taxing
District of the City of Delray Beach for FY 1999. This tentative
millage rate exceeds the 0.85 rolled back rate calculated under
the TRIM law by 17.65%.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Randolph moved to approve Resolution No. 54-98,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
10.C. RESOLUTION NO. 55-98: A resolution tentatively making
appropriations of sums of money for all necessary expenditures of
the City of Delray Beach for the period October 1, 1998 through
September 30, 1999. Prior to consideration of passage of this
resolution, a public hearing has been scheduled to be held at
this time.
-18- 9/15/98
The City Manager presented Resolution No. 55-98:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MAKING TENTA-
TIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL
NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST
DAY OF OCTOBER, 1998, TO THE 30TH DAY OF
SEPTEMBER, 1999; TO PRESCRIBE THE TERMS,
CONDITIONS AND PROVISIONS WITH RESPECT TO THE
ITEMS OF APPROPRIATIONS AND THEIR PAYMENT;
AND TO REPEAL ALL RESOLUTIONS WHOLLY IN
CONFLICT WITH THIS RESOLUTION TO THE EXTENT
OF SUCH INCONSISTENCY.
(The official copy of Resolution No. 55-98 is on file
in the City Clerk's office.)
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Schmidt moved to approve Resolution No. 55-98,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth -
Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said motion passed
with a 5 to 0 vote.
10.D. ORDINANCE NO. 32-98: An ordinance rezoning Lots 262
and 263, Tropic Palms Plat No. 1, from R-1AA (Single Family
Residential) District to OSR (Open Space and Recreation) District
in conjunction with the Leon M. Weekes Environmental Preserve
improvements. The subject property is located at the northeast
corner of Albatross Road and the unimproved portion of Curlew
Road. QUASI-JUDICIAL HEARING
Prior to consideration of passage of this ordinance on
second and final reading, a quasi-judicial public hearing has
been scheduled to be held at this time.
The City Manager presented Ordinance No. 32-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1AA (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN THE OSR (OPEN
SPACE AND RECREATION) DISTRICT; SAID LAND
BEING LOTS 262 AND 263, TROPIC PALMS PLAT NO.
1, LOCATED AT THE NORTHEAST CORNER OF ALBA-
TROSS ROAD AND THE UNIMPROVED PORTION OF
-19- 9/15/98
CURLEW ROAD WITHIN THE TROPIC PALMS SUBDIVI-
SION, AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 32-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
She stated this item will be conducted as a quasi-judicial
hearing 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.
A public hearing was held having been legally adver-
tised in compliance with the laws of the State of Florida and the
Charter of the City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open. There
being no one who wished to address the Commission, the public
hearing was closed.
Mr. Ellingsworth moved to approve Ordinance No. 32-98
on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public- Immediately following Public Hearinqs.
ll.A. City Manager's response to prior public comments and
inquiries.
There were no responses.
ll.B. From the Public.
11.B.1. Mr. Charles Powell, owner of three lots alonq Old Dixie
Highway in the Silver Terrace subdivision, stated he is having
some difficulty with the contractor who did the Silver Terrace
improvements project and he has put a claim on the company's
bond. He asked that the job not be closed out by the City nor
the retainage paid to the contractor until the situation is
resolved.
-2o- 9/15/98
The City Attorney stated she is aware of the situation
and the contract will not be paid out until it is resolved.
12. FIRST READINGS:
12.A. ORDINANCE NO. 33-98: An ordinance amending Chapter 51,
"Garbage and Trash", of the City Code by amending Section 51.70,
"Regular Charges Levied", to provide for new and increased
residential service, multi-family and commercial collection
services rates for FY 1999. If passed, a public hearing will be
scheduled for September 22, 1998.
The City Manager presented Ordinance No. 33-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL
SERVICE, MULTI-FAMILY AND COMMERCIAL COLLEC-
TION SERVICE RATES FOR FY 1999; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 33-98 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. 33-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 34-98: An ordinance providing for a
small scale Future Land Use Map amendment from CF-C (Community
Facilities-Churches) to Transitional, and rezoning from CF
(Community Facilities) to POD (Professional Office District), for
the WDBF Radio Station property located on the south side of West
Atlantic Avenue, east of Homewood Boulevard. If passed, a
quasi-judicial public hearing will be scheduled for October 6,
1998.
The City Manager presented Ordinance No. 34-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION FROM COMMUNI-
TY FACILITIES-CHURCHES TO TRANSITIONAL, AND
REZONING FROM CF (COMMUNITY FACILITIES)
DISTRICT TO POD (PROFESSIONAL OFFICE DIS-
TRICT), FOR PROPERTY COMMONLY KNOWN AS THE
-21- 9/15/98
WDBF RADIO STATION SITE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE
SOUTH SIDE OF WEST ATLANTIC AVENUE EAST OF
HOMEWOOD BOULEVARD; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; AND 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. 34-98 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. 34-98 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
(Note: Mr. Schmidt stepped down for the following item. Form
8B, Memorandum of Voting Conflict for County, Municipal, and
Other Local Public Officers, is on file in the City Clerk's
office.)
12.C. ORDINANCE NO. 35-98: An ordinance rezoning a parcel of
land (former Miller Dodge site) from SAD (Special Activities
District) to AC (Automotive Commercial) District to accommodate
Delray Kawasaki. The subject property is located on the west
side of North Federal Highway, approximately 120 feet north of
Allen Avenue. If passed, a quasi-judicial public hearing will be
scheduled for October 6, 1998.
The City Manager presented Ordinance No. 35-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED SAD (SPECIAL
ACTIVITIES DISTRICT) IN THE AC (AUTOMOTIVE
COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED
ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY,
APPROXIMATELY 120 FEET NORTH OF ALLEN AVENUE,
AS MORE PARTICULARLY DESCRIBED HEREIN;
AMENDING "ZONING MAP OF DELRAY BEACH, FLORI-
DA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 35-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
-22- 9/15/98
Mr. Ellingsworth moved to approve Ordinance No. 35-98
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 4 to 0 vote.
Prior to roll call, Mayor Alperin noted that with the
uses proposed for the site there may be a considerable amount of
noise involved. He asked that staff look at this closely to be
sure there will be no negative impact on the neighborhood across
the street and adjacent areas.
Mr. Schmidt returned to the dais at this time.
12.D. ORDINANCE NO. 36-98: An ordinance amending LDR Section
2.4.3(E), "Traffic Statements and Studies", by enacting a new
subparagraph 2.4.3(E) (3) to provide that land use applications
that will result in the addition of more than 50 employees on
premises located in the City's Transportation Concurrency Excep-
tion Area shall include a program to implement employer-based
transportation demand management activities. If passed, a public
hearing will be scheduled for October 6, 1998.
The City Manager presented Ordinance No. 36-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 2.4.3, "SUBMISSION REQUIREMENTS",
SUBSECTION 2.4.3(E), "TRAFFIC STATEMENTS AND
STUDIES", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY ENACTING A
NEW SUBPARAGRAPH 2.4.3(E) (3), "TRANSPORTATION
DEMAND MANAGEMENT", TO PROVIDE THAT LAND USE
APPLICATIONS THAT WILL RESULT IN THE ADDITION
OF MORE THAN 50 EMPLOYEES ON PREMISES LOCATED
IN THE CITY'S TRANSPORTATION CONCURRENCY
EXCEPTION AREA SHALL INCLUDE SUBMITTAL OF A
PROGRAM TO IMPLEMENT EMPLOYER-BASED TRANSPOR-
TATION DEMAND MANAGEMENT ACTIVITIES; PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 36-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Egan moved to approve Ordinance No. 36-98 on FIRST
Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
-23- 9/15/98
At this point, the Commission returned to Item 9.D. on
the Regular Agenda.
9.D. CONDITIONAL USE REQUEST/LLOYD HASNER DELRAY OFFICE:
Consider a request for conditional use approval to allow two
mixed use developments (each composed of two apartment units and
office use), and to allow the owner the ability to lease the
commercial and residential spaces to parties that are not the
owners nor proprietors or employees of the business, for Lloyd
Hasher Delray Office. The subject property is located on the
south side of Martin Luther King, Jr. Boulevard (N.W. 2nd
Street), between Swinton Avenue and N.W. 1st Avenue and is zoned
Old School Square Historic Arts District (OSSHAD). QUASI-JUDI-
CIAL 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,
entered the project file into the record. She stated the request
involves a provision in the OSSHAD zoning district regulations
which states that conditional use approval is required for
projects which involve absentee ownership; that is, where the
business or residences are not to be occupied by either the
property owner or business owner or employee. Conditional use
approval is also required because the project involves more than
one residential unit on each lot. The proposed project is a
mixed use development with two identical 2-story buildings, each
with 2,800 sq.ft, of office space on the ground floor and two
residential units on the second floor. Staff feels that the
proposed buildings are of a size, scale and character that are
consistent with the OSSHAD district and meets the findings
required for conditional use approval. The Historic Preservation
Board reviewed the request and recommended approval. The Plan-
ning and Zoning Board held a public hearing on August 17, 1998,
and voted 6 to 0 to recommend approval of the conditional use
request to allow more than one residential unit in a mixed use
structure {REF: Section 4.4.24(D) (1) } for Lloyd Hasner Delray
Office 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 approval of the conditional use request to allow an absentee
landlord situation as allowed under Section 4.4.24(D) (2) for
Lloyd Hasner Delray Office based upon positive findings with
respect to Chapter 3 (Performance Standards) and Section
2.4.5(E) (5) of the Land Development Regulations, and the policies
of the Comprehensive Plan subject to the condition that a site
plan be processed that is in general conformance with the sketch
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plan and addresses the concerns noted on Page 7 of the Planning
and Zoning Staff Report.
Lloyd Hasner, property owner and applicant, presented
renderings of the proposed project for City Commission review.
Ms. Dominguez clarified that it is Mr. Hasner's intent
at this time to conduct his business (Castle Florida Building
Corporation) in a portion of the office space, and one of his
partners will occupy one of the residential units. This situa-
tion meets the intent of the code; however, Mr. Hasner wants to
have the flexibility in the future to lease and/or sell the mixed
use development to someone who might not meet this criteria. The
second mixed use development is a stand alone development and
will be occupied by someone who does not meet the criteria.
Hence, Mr. Hasner is requesting conditional use approval for both
properties at this time.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mr. Egan moved to approve the conditional use request
for Lloyd Hasner Delray Office based upon the findings and
recommendation of the Planning and Zoning Board. The motion was
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.E. REQUEST FOR USE OF FUNDS/SPADY HOUSE: Consider a
request from EPOCH for allocation of the balance of the planning
funds ($5,000) to assist with the expenses in the inital stages
of the renovation of the Spady House.
Mr. Randolph moved to approve EPOCH's request to
release the remainder of the planning funds to assist with up
front expenses for the Spady House renovation. The motion was
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
(ITEM 9.F. WAS MOVED FORWARD AND CONSIDERED AS THE FIRST ITEM ON
THE REGULAR AGENDA.)
9.G. SPECIAL EVENT REQUEST/10TH ANNUAL VISIONS OF PERFECT
HARMONY FESTIVAL: Consider a request from the Peach Umbrella
Plaza Association for special event approval for the 10th Annual
Visions of Perfect Harmony Festival to be held on October 2-3,
1998, including use of the Tennis Center, the small stage and
barricades at no charge.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the special event request. He noted that the
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Police Department does not anticipate a need for their assistance
for this event, so there will be no overtime involved. Mr.
Barcinski recommended approval of the event, use of the tennis
stadium, small stage and barricades at no charge, and with the
condition that the event sponsors provide liability insurance and
a hold harmless agreement in a form acceptable to the City
Attorney.
Mr. Egan moved to approve the special event request for
the 10th Annual Visions of Perfect Harmony Festival as recommend-
ed by staff. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
9.H. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider a request from the Joint Venture for special event
approval for the Art & Jazz scheduled for October 22, 1998,
including temporary use permits for street closures, staff
support, use of City equipment, and specified overtime costs.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the special event request. He noted that the
Commission has limited the City's overtime contribution to $7,500
for the last two Art & Jazz events, with payment for any overtime
over that to be borne by the Joint Venture. Mr. Barcinski
recommended approval of the temporary use permit and street
closure, staff support as requested, use of stages and barri-
cades, setting an upper limit of $7,500 for overtime costs with
any difference to be paid by the Joint Venture, and require a
hold harmless agreement in the format prepared by the City
Attorney's office.
Mr. Ellingsworth moved to approve the special event
request for the October 22nd Art & Jazz on the Avenue as recom-
mended by staff. The motion was seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.I. SPECIAL EVENT REQUEST/llTH ANNUAL HARVEST FEST:
Consider a request from the Chamber of Commerce for special event
approval for the llth Annual Harvest Fest to be held on November
14-15, 1998, including a temporary use permit for the closure of
Atlantic Avenue from the Intracoastal Waterway to A1A, allow
event signage more than one week in advance, staff support and
50/50 overtime cost split.
Robert A. Barcinski, Assistant City Manager, presented
an overview of the special event request. He noted that the
overtime is estimated at about $3,500 for this event. In addi-
tion, staff has expressed some concern about closing Atlantic
Avenue from the Intracoastal Waterway to A1A; in years past, the
closure has been from Venetian Drive to A1A. The Police Depart-
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ment feels that this may be more manageable from a traffic
control standpoint. The only issue is that the residents will
have to be notified that they will not be able to cross at
Atlantic Avenue. Mr. Barcinski recommended approval of the
event, the temporary use permit, the sign waiver, staff support
requests, and sharing in the overtime costs 50/50 in an amount
not to exceed $1,500 for the City's share, and with liability
insurance and a hold harmless agreement acceptable to the City
Attorney.
Mr. Egan moved to approve the special event request for
the llth Annual Harvest Fest as recommended by staff. The motion
was seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.J. SPECIAL EVENT REOUEST/HOLIDAY PAGEANT PARADE: Consider
a request from the Chamber of Commerce on behalf of the Delray
Beach Jaycees for special event approval for the Annual Holiday
Pageant Parade to be held on December 12, 1998, including tempo-
rary use permit, staff support, and consideration of a partial
waiver of overtime costs.
Robert A0 Barcinski, Assistant City Manager, presented
an overview of the special event request. He clarified that the
event sponsor did not request a 50/50 split of the overtime costs
associated with this event, so his recommendation is that the
event sponsor pay all of the overtime costs. Mr. Barcinski
recommended approval of the event, the temporary use permit, and
providing staff support for traffic control, barricade set up and
removal, and clean up, together with liability insurance and a
hold harmless agreement acceptable to the City Attorney.
Mr. Egan moved to approve the special event request for
the Holiday Pageant Parade as recommended by staff, seconded by
Mr. Schmidt. Upon roll call the Commission voted as follows:
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to
0 vote.
9.K. SPECIAL EVENT REQUEST/ATLANTIC AVENUE WINE & BREWERY
FESTIVAL: Consider a request from the American Lung Association
of Southeast Florida for special event approval for the Atlantic
Avenue Wine & Brewery Festival to be held on January 20, 1999,
including a temporary use permit for use of sidewalks along
Atlantic Avenue, allow event signage more than one week in
advance, and staff support as needed with the event sponsor to
cover any overtime costs.
Robert A. Barcinski, Assistant City Manager, stated
this is a first time event request from the American Lung Associ-
ation of Southeast Florida to hold a wine and brewery festival
along Atlantic Avenue on January 20, 1999. The request includes
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a temporary use permit for use of city sidewalks on Atlantic
Avenue, to allow event signage more than one week prior to the
event, and authorization for staff support as may be needed. The
need to barricade streets is not anticipated. Police security
and clean up needs are yet to be determined so it is recommended
that any overtime expense be paid for by the event sponsor.
Staff recommends endorsement of the event, approval of the
special event request and staff assistance with the following
conditions: (1) That all overtime be paid for by the event
sponsor; (2) a certificate of liability insurance be provided
naming the City as additional insured; and (3) a hold harmless
agreement be provided in a manner prescribed by the City Attor-
ney.
Mayor Alperin expressed a concern that the event can
actually be restricted to the sidewalks along Atlantic Avenue so
that people will not be walking in the street.
Kathleen Herd, Senior Development Officer with the
American Lung Association of Southeast Florida, explained that
the event will be patterned after a similar event which takes
place on Las Olas Boulevard in Fort Lauderdale. It is expected
that some 300 to 400 people will purchase tickets (priced at
$25.00) which will entitle them to sample the various products up
and down Atlantic Avenue, ending with a dinner at one of the
restaurants. Ms. Herd indicated she hoped this would turn into
an annual attraction for Atlantic Avenue.
Mr. Egan moved to approve the special event request for
Atlantic Avenue Wine & Brewery Festival as recommended by staff.
The motion was seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 5 to 0 vote.
9.L. RESOLUTION NO. 56-98: Consider approval of a resolu-
tion authorizing the issuance of Utilities Tax Revenue Bonds,
Subordinate Series 1998, in an amount not to exceed $350,000.00
for the purpose of financing the improvements and renovations to
the Lakeview Golf Course clubhouse; and approve and authorize the
execution of a Line of Credit Agreement with SunTrust Bank, South
Florida, N.A. as the vehicle by which the bonds are to be issued
and the project financed.
The caption of Resolution No. 56-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED $350,000 IN
AGGREGATE PRINCIPAL AMOUNT OF UTILITIES TAX
REVENUE BONDS, SUBORDINATE SERIES 1998, OF
THE CITY OF DELRAY BEACH, FLORIDA, FOR THE
PURPOSE OF FINANCING ALL OR A PORTION OF THE
COSTS OF DESIGN, ENGINEERING, CONSTRUCTION,
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IMPROVING AND EQUIPPING OF A PUBLIC GOLF
COURSE CLUBHOUSE; DETERMINING THE NEED FOR A
NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST
BANK, SOUTH FLORIDA, N.A.; PROVIDING FOR THE
TERMS AND PAYMENT OF SAID UTILITIES TAX
REVENUE BONDS, SUBORDINATE SERIES 1998, AND
THE RIGHTS, REMEDIES AND SECURITY .OF THE
OWNERS THEREOF; MAKING CERTAIN COVENANTS
RELATING TO THE ISSUANCE OF SAID UTILITIES
TAX REVENUE BONDS, SUBORDINATE SERIES 1998;
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION OF A LINE OF CREDIT AGREEMENT WITH
SUNTRUST BANK, SOUTH FLORIDA, N.A.; DESIGNAT-
ING THE UTILITIES TAX REVENUE BONDS, SUBORDI-
NATE SERIES 1998, AS "QUALIFIED TAX-EXEMPT
OBLIGATIONS" WITHIN THE MEANING OF SECTION
265(b) OF THE INTERNAL REVENUE CODE OF 1986,
AS AMENDED; AUTHORIZING THE PROPER OFFICERS
OF THE CITY TO DO ALL OTHER THINGS DEEMED
NECESSARY OR ADVISABLE IN CONNECTION WITH THE
ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
(The official copy of Resolution No. 56-98 is on file
in the City Clerk's office.)
Joe Safford, Director of Finance, explained that the
resolution authorizes the City to execute a note agreement with
SunTrust of up to $350,000 at a rate of 4.49% and a term of
approximately 15 years for the purpose of funding, in part, the
cost of design, engineering, construction and equipping the new
clubhouse at the Lakeview Golf Course. The Finance Department
analyzed the bids received from various banks and recommends
approval of the agreement with SunTrust. The agreement will
allow for prepayment at any time without penalty and will protect
the City against rate changes caused by possible amendments to
tax law.
Mr. Ellingsworth moved to approve Resolution No. 56-98,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed
with a 5 to 0 vote.
9.M. BID AWARD FOR RENOVATION OF THE RECORDS STORAGE FACILI-
TY: Consider approval of a bid award in the amount of $20,460.00
to Republic Construction & Development Corp. as the lowest
responsive bidder (second low bid) for the construction of
interior renovations at the Records Storage Facility, with
funding from 334-6112-519-62.24 (General Construction Fund
Renovations Records Storage Building).
Mr. Egan moved to award the bid to Republic Construc-
tion & Development Corp. as the lowest responsive bidder in the
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amount of $20,460.00 for the renovations to the records storage
facility, based on a finding that the apparent low bid is non-re-
sponsive. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mayor Alperin Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.N. BID AWARD FOR LANDSCAPE MAINTENANCE (ATLANTIC HIGH
SCHOOL MULTI-PURPOSE FIELDS): Consider approval of a bid award
in the estimated annual amount of $44,450.00 to Haverland Black-
rock Corp. as the lowest responsive bidder (third iow bid) for
landscape maintenance of the multi-purpose fields at Atlantic
High School, with funding from 001-4131-572-34.90 Parks Mainte-
nance/Other Contractual Services).
Joe Weldon, Director of Parks and Recreation, explained
that the recommendation is to award to the third iow bidder based
on a review and evaluation of the apparent and second iow bids,
including unsatisfactory past performance and lack of the re-
quired equipment to perform the job.
Mr. Randolph moved to award the bid to Haverland
Blackrock Corp. as the lowest responsive bidder in the amount of
$44,450.00 for the annual contract for landscape maintenance
services for the Atlantic High School multi-purpose fields. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.0. REVIEW OF PEDI-CAB OPERATION: Consider a report from
the Police Department concerning the pedi-cab service which has
been operating in the East Atlantic Avenue for the past six
months.
Michael Weiner, attorney representing the Richwaqens,
requested that consideration of the item be postponed until the
October 6, 1998, regular meeting to allow him and his clients
time to review the report and information submitted by the Police
Department and formulate a response as to why they feel the
continued operation of the pedi-cabs would be good for the City.
Mr. Egan moved to postpone consideration of this item
until October 6, 1998, as requested by Mr. Weiner. The motion
was seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.P. SETTLEMENT/DOBARD V. CITY OF DELRAY BEACH, ET AL:
Consider settlement of the referenced matter as recommended by
the City Attorney.
-3o- 9/15/98
Mr. Egan moved to approve the settlement as recommended
by the City Attorney, seconded by Mr. Schmidt. Upon roll call
the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes. Said motion passed with a S to 0 vote.
9.Q. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD:
Appoint a member to the Historic Preservation Board for a two
year term ending August 31, 2000. The appointment will be made
by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint William Griffin to
the Historic Preservation Board for a two year term ending August
31, 2000. The motion was seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
9.R. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two
alternate members to the Board of Adjustment to fill unexpired
terms ending August 31, 1999. The appointments will be made by
Commissioner Schmidt and Commissioner Egan.
Mr. Schmidt asked that his appointment be deferred
since he has a question about whether one of the applicants can
be appointed and the City Attorney is going to look into the
matter.
Mr. Egan moved to appoint Marion Knott McIntyre as an
alternate member on the Board of Adjustment to fill an unexpired
term ending August 31, 1999. He noted that Ms. McIntyre also
serves on the Parking Management Advisory Board although it is
his understanding that she may also serve on the Board of Adjust-
ment since the Parking Board is purely advisory. The motion was
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mayor A1perin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
Discussion followed on the City's policy against
allowing one individual to serve on two regular boards at the
same time. The City Attorney stated she would review the matter
and report back to the Commission.
Mr. Egan amended his motion for appointment, subject to
it being in compliance with the policy of the City Commission
with respect to serving on two boards; if it is not, then the
appointment shall be null and void. Mr. Schmidt amended his
second. Upon roll call the Commission voted as follows on the
amended motion: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
-31- 9/15/98
9.S. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS:
Appoint a member (real estate/insurance position) to the Board of
Construction Appeals for a two year term ending August 31, 2000.
The appointment will be made by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint Michael Eisenrod to
the Board of Construction Appeals (real estate/insurance posi-
tion) for a two year term ending August 31, 2000. The motion was
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed
with a 5 to 0 vote.
9.T. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint a member to the Downtown Development Authority for a
three year term ending July 1, 2001. The appointment will be
made by Mayor Alperin.
Mayor A1perin stated that he wished to appoint Clay
Wideman to the Downtown Development Authority for a three year
term ending July 1, 2001. Mr. Ellingsworth so moved, seconded by
Mr. Egan. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0
vote.
9.u. APPOINTMENT TO THE EDUCATION BOARD: Appoint a regular
member to the Education Board for a two year term ending July 31,
2000. The appointment will be made by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint Patricia Rowland as a
regular member on the Education Board for a two year term ending
July 31, 2000. The motion was seconded by Mr. Schmidt. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes;
Mayor Alperin Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
13. comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
For the record, the City Manager commented he is very
pleased that it was not necessary to have an increase in water
and sewer rates for FY 1999. Between growth and the installation
of improved meters in the field, there was enough revenue so that
the rates did not have to be increased.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.c. city Commission.
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13.C.1. Commissioner Schmidt stated he had attended the Seacr-
est Homeowners Association meeting last night and there was
considerable interest to see if the City would consider making
the new clamshell truck in code enforcement available for special
pickups at a fee. He asked if this could be accommodated?
13.C.2. Commissioner E~an had no comments or inquiries.
13.c.3. Commissioner Ellin~sworth had no comments or inquiries.
13.c.4. commissioner Randolph had no comments or inquiries.
13.c.5. Mayor Alperin commented about the Davis Cup possibili-
ties and noted there is a press conference scheduled for tomorrow
morning (September 16, 1998).
Mayor Alperin commented that he has noticed some facade
work going on at the tennis center and inquired if this is
something new or part of the old problem? The City Manager
responded it is a continuation of the problem that we had before.
Two sides of the building have been repaired already and now
there is some of the same rot occurring on the front.
Lastly, Mayor Alperin commented that the signage for
1-95 installed in the median on West Atlantic Avenue is very
large. He noted that the City received no notification that the
signage was coming; it was just put up right in the middle of the
West Atlantic Avenue redevelopment area. He felt that it really
does not belong there because it is so imposing.
There being no further business, Mayor A1perin declared
J City C~erk' t
ATTEST:
The~'und~rsigned 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 September 15, 1998, which
minutes were formally approved and adopted by the City Commission
- ~Ci~y C~erk' ~
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.
9/15/98