02-06-96 FEBRUARY 6, 1996
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Thomas E.
Lynch in the Commission Chambers at City Hall at 6:00 P.M.,
Tuesday, February 6, 1996.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner Barbara Smith
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Fred
Basil, St. Mary The Virgin Anglican Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Lynch requested that Item 8.B., INTERLOCAL AGREE-
MENT/PINE GROVE ELEMENTARY SCHOOL PLAYGROUND, Consent Agenda, be
moved to Item 9.A.A. on the Regular Agenda.
The City Manager stated that Item 7, Presentations,
Annual Financial Report by Ernst & Young be postponed to the
Workshop meeting of February 13, 1996.
Mr. Ellingsworth moved to approve the Agenda, as amend-
ed, seconded by Dr. A1perin. Upon roll call the Commission voted
as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 5 to 0 vote.
5. Approval of Minutes~
Dr. Alperin moved to approve the Minutes of the Regular
Meeting of January 23, 1996, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations~
6.A. OF NOTE~
American Red Cross Month - March 1996.
Mayor Lynch presented a proclamation recognizing the
month of March 1996 as American Red Cross Month.
7. Presentations=
7.A. THIS ITEM WAS REMOVED.
8. CONSENT AGENDA= City Manager recommends approval.
8.A. AUTHORIZE SUPERVISOR OF ELECTIONS TO HANDLE ABSENTEE
BALLOTS FOR THE FIRST NONPARTISAN ELECTION: Authorize Supervisor
of Elections to handle and canvass absentee ballots and represent
the City at Logic and Accuracy tests for the March 12, 1996,
first nonpartisan election.
8.B. MOVED TO THE REGULAR AGENDA (ITEM 9.A.A.).
8.C. GRANT APPLICATION/FLORIDA DEPARTMENT OF JUVENILE JUS-
TICE: Authorize the City to submit an application to the Florida
Department of Juvenile Justice, Community Juvenile Justice Part-
nership Grant Program (80/20 matching.grant) to replace funds cut
from the Children's Services Council for the After School Pro-
gram.
8.D. 1996 BUD LIGHT PRO/AM BEACH VOLLEYBALL TOURNAMENT:
Approve changing the date of the 1996 Bud Light Pro/Am Beach
Volleyball Tournament from March 23-24 to April 20-21, 1996.
8.E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD EXPENDITURES: Ratify various expen-
ditures approved by the SCRWTD Board at its meeting of January
18, 1996.
8.F. RESOLUTION NO. 11-96: Approve a resolution assessing
costs for abatement action required to remove nuisances on 22
properties throughout the City.
The caption of Resolution No. 11-96 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
ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING
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FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(Copy of Resolution No. 11-96 is on file in the offi-
cial Resolution Book)
8.G. ACCEPTANCE OF EASEMENT DEED FROM 1045 BUILDING PARTNER-
SHIP: Accept an easement deed from 1045 Building Partnership for
a utility easement over the south 8 feet of Lot 7, Seabreeze
Park, for the installation of a 6" water main to serve the ten-
ants of the 1045 Building.
8.H. RESOLUTION NO. 12-96/UTILITY RELOCATION AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION: Approve a resolution
authorizing the Director of Environmental Services to enter into
an agreement with FDOT for utility relocation or adjustments
associated with FDOT's resurfacing of State Road 5 (U.S. #1) in
the north end of the city.
The caption of Resolution No. 12-96 is as follows:
A RESOLUTION AUTHORIZING THE CITY'S
ENVIRONMENTAL SERVICES DEPARTMENT TO ENTER
INTO AN AGREEMENT, ON BEHALF OF THE CITY OF
DELRAY BEACH, FLORIDA, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE
RELOCATION, CHANGE OR ADJUSTMENT OF THEIR
FACILITIES LOCATED ON STATE ROAD 5 (US-i).
(Copy of Resolution No. 12-96 is on file in the offi-
cial Resolution Book)
8.I. PINEAPPLE GROVE SUBSTATION LEASE: Approve the lease of
property at 189 N.E. 2nd Avenue for use as a Police substation in
the Pineapple Grove area. The term is for one year at the rate
of $1.00 per month rent.
8.J. FINAL PLAT APPROVAL/HARBOR CLUB REPLAT: Approve the
final plat for Harbor Club Replat, a 14 unit fee simple townhouse
development. The subject property contains 1.4 acres and is
located on the west side of Florida Boulevard, between LaMat
Avenue and Avenue "L" .
8.K. EMERGENCY REPAIRS AND PROFESSIONAL SERVICES/JOHNSON
YOKOGAWA CORPORATION: Approve emergency repairs and professional
services to the Program Logic Computers hardware that drives the
Water Treatment Plant.
8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Receive and file the report of appealable actions made by the
Site Plan Review and Appearance Board during the period January
22 through February 2, 1996.
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8.M. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Rust Off, Inc. for anti-rust chemical
maintenance in City irrigation systems for a three
year term, in an estimated annual amount of
$34,000 from 119-4144-572-52.21, 001-4121-572-
52.21, 001-4127-572-52.21, and 001-4511-539-52.21.
2. Bid award to Walcott and Sons for nuisance abate-
ment lot clearing and mowing, at an estimated
annual cost of $16,900 from 001-2741-524-34.30.
3. Bid award to Precision Solar Controls, Inc. for
the purchase of a Solar Mobile Traffic Monitor for
the Police Department, in the amount of $12,294
from 115-2112-521-49.90.
4. Contract renewal for Vulcan Peroxidation Systems,
Inc. for odor control services in the City
wastewater system. Vulcan is proposing a contract
increase in Hydrogen Peroxide from $3.74 to
$4.00/gal, for an estimated annual amount of
$125.120, from 441-5144-536-52.21.
5. Bid award to Marandola Construction, Inc. for the
N.E. 1st Court utility improvements, in the amount
of $134,800 from 228-3162-541-61.19, 442-5178-536-
61.78, and 442-5178-5360-61.37.
6. Contract award for construction of Phase I of an
Aquifer Storage & Recovery facility at the North
Reservoir site to Youngquist Brothers, Inc., in
the amount of $855,290 from 440-5179-536-69.18.
7. Purchase of six (6) Gateway P5 - 120 Mhz computers
with appurtenant token ring adaptors, cables,
software and licenses from Gateway 2000 to com-
plete Environmental Services Department computer
upgrade program. Funding in the amount of
$16,198.68 is available from 442-5178-536-64.11.
8. Bid award for demolition of a structure located at
2300 N. Seacrest Boulevard to JJR Construction, at
a cost of $22,900 from 001-6111-519-62.10.
Mr. Randolph moved to approve the Consent Agenda, as
amended, seconded by Dr. Alperin. Upon roll call the Commission
voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes. Mrs. Smith - Yes; Dr. Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
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9.A.A. (8.B.) INTERLOCAL AGREEMENT~PINE GROVE ELEMENTARY
SCHOOL PLAYGROUND: Approve the agreement between Palm Beach
County, the School Board of Palm Beach County and the City of
Delray Beach for Phase I Design and Construction of the Pine
Grove Elementary School Park/Playground.
Mayor Lynch inquired if the agreement makes any refer-
ence to maintenance responsibilities?
Robert A. Barcinski, Assistant City Manager, noted that
during the month of September 1995, the Commission approved two
separate contracts with the School Board of Palm Beach County.
He pointed out that one agreement was in regard to the master use
and the other was an addendum that specifically relates to this
particular project. The addendum specifies responsibility in
terms of design and construction, as well as maintenance respon-
sibilities after the project is completed. Mr. Barcinski pointed
out that the School Board has responsibility for the equipment,
grass and irrigation of the playground. The City is responsible
for the maintenance of the grass and irrigation of the open ball
field.
Mrs. Smith moved to approve the agreement between Palm
Beach County, the School Board of Palm Beach County and the City
of Delray Beach for Phase I Design and Construction of the Pine
Grove Elementary School Park/Playground, seconded by Dr. Alperin.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.A. CONDITIONAL USE REQUEST/TURNER OUTDOOR EQUIPMENT:
Consider a request for conditional use approval to allow the sale
of all terrain vehicles and waverunners at Turner Outdoor Equip-
ment, 2507 North Federal Highway. The subject property is zoned
GC (General Commercial) district and contains 0.73 acres. QUA-
SI-JUDICIAL PROCEEDING
The City Attorney 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, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. She explained that this
request results from a recently approved text amendment to the
LDR's which the City Commission had approved on January 23, 1996.
The text amendment allows the sale of waverunners and Ail Terrain
Vehicles in the General Commercial zoning district. The use will
be conducted entirely indoors as the conditional use approval
does not allow outside display. There are no issues in terms of
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concurrency. At the Planning and Zoning Board meeting of January
22, 1996 and at the City Commission meeting of January 23, 1996
there was one resident who lives nearby who had expressed concern
of noise resulting from the testing of vehicles. The Planning
and Zoning Board recommended approval of the conditional use at
its meeting of January 23, 1996, subject to conditions that there
be no outside display, storage, or service and the reservation of
10 feet of right-of-way along North Federal Highway.
David Turner, Applicant, stated that he has made im-
provements to the property and was available to answer any ques-
tions the Commission may have.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Dr. Alperin asked if there was a commercial building to
the east of this property?
Ms. Dominguez responded that there is a building east
of this property which has access through Mr. Turner's property.
Dr. Alperin expressed concern of servicing being con-
ducted indoors and if the large bay doors were to be opened, then
all the noise would be funneling towards the residential area.
He asked if the outside service limitation requires the doors to
be closed? Also, where will the customers be test driving these
vehicles?
In respect to potential noise pollution and the testing
of vehicles, Ms. Dominguez did not feel there would be anything
different than that which currently exists on the property for
repair of lawn mowers.
In response, Mr. Turner did not feel there would be any
difference in regard to noise as compared the testing of lawn
tractors which he currently sells and services. He noted that
the exhaust systems of the all terrain vehicles and waverunners
were quieter than the lawn mowers.
Ms. Dominguez pointed out that the property owner has
to comply with the City's noise ordinance.
Mr. Randolph noted that the waverunners arrive on
trailers and the majority of servicing is done from the trailer.
He asked if the exhaust systems on the trailers were louder
compared to the lawn mowers?
The City Attorney responded that the conditional use
could be approved with conditions; however, if there is any
violation, then the property owner would be cited by Code En-
forcement.
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Mr. Ellingsworth moved to approve the conditional use
request to establish the sale of all terrain vehicles and
waverunners, based on the findings and subject to the conditions
recommended by the Planning and Zoning Board, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with
a 5 to 0 vote.
9.B. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION:
Consider an appeal of a waiver granted by the Site Plan Review
and Appearance Board at its meeting of January 10, 1996, to not
require installation of a sidewalk along the east side of Gleason
Street in conjunction with the Gleason Street Townhomes project.
QUASI-JUDICIAL PROCEEDING
The City Attorney 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, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. She stated that at its
meeting of January 10, 1996, the Site Plan Review and Appearance
Board reviewed the request for the townhouse development with a
waiver to not install sidewalks. The project was approved,
including the waiver, since there is little opportunity to get
additional sidewalks installed in the area. The waiver granted
by SPRAB to not require the installation of a 5 ft. wide sidewalk
along the Gleason Street right-of-way was appealed by the Commis-
sion at its meeting of January 23, 1996.
Rusty Kupi, Applicant, stated that there are no exist-
ing sidewalks on any part of Gleason Street from Atlantic Avenue
south to the Seagate Club. He pointed out that there is a large
green area which meets the road and there are existing telephone
poles and electric lines on the west side of the road. He noted
that if the City wants a sidewalk to be installed, then one of
these poles would be in the middle of the sidewalk. Mr. Kupi
emphasized that he is only trying to enhance the beauty and
quaintness of the street by reducing parking on Gleason Street by
putting parking on the side street, thereby having only two
parking stalls rather then the four parking stalls which current-
ly exists. He felt that people driving down the street are not
speeding and they are aware that there are pedestrians walking on
both sides of the road. He felt that a sidewalk at the townhouse
project would actually detract rather than enhance the area. Mr.
Kupi pointed out that the Engineering Department did not have a
problem with the waiver and the Site Plan Appearance Board grant
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ing approval. He stated he was surprised that the Commission
appealed the request.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
At this point lengthy discussion ensued. Mayor Lynch
suggested a compromise, or an agreement, whereby the property
owner agrees to put the sidewalk in if the City comes back and
demands it at a later date. If the City does the entire street
then the property owner will take responsibility.
Mr. Kupi stated for the record that he would not have a
problem with installing a sidewalk at a later date if the City
demands, as long as it includes a sidewalk on the entire street.
The City Attorney stated that an agreement would be
prepared that would be recorded so that it runs with the proper-
ty.
Mr. Randolph moved to uphold the Site Plan Review and
Appearance Board's action subject to a conditional agreement that
would oblige the applicant, at his cost, to install the sidewalk
at a future date upon demand by the City within a certain period
of time with a covenant that the agreement runs with the proper-
ty, seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mrs. Smith - No; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 1 vote.
The Commission directed the City Attorney to prepare
such an agreement.
9.C.1. ARCHITECTURAL CONSULTANTS FOR CONTIN~3ING SERVICES
CONTRACTS: Consider approving the Selection Committee's list of
five architectural firms to be used for continuing services, and
authorize staff to prepare the appropriate agreements.
The City Manager stated that the City sent out Requests
for Proposals to architects and received ten (10) responses.
Staff reviewed those responses, and based on the written respons-
es, came up with what they felt were the top five (5) architec-
tural firms. The first consideration is to approve the listing
of the top five firms to be used on various projects as needed.
The second consideration is to interview the top three firms and
interview them so that staff can enter into contract negotia-
tions. Namely, to perform specific work such as the City Hall
Envelope project (Storm Hardening project), review the air condi-
tioning system for City Hall and the Community Center.
Mr. Ellingsworth moved to approve the list of the top
five architectural firms, seconded by Mrs. Smith. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Mr.
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Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs.
Smith - Yes. Said motion passed with a 5 to 0 vote.
9.C.2. Interview and rank the top three firms; authorize staff
to negotiate Service Authorization #1 with the top ranked firm
for the City Hall Envelope Project, and negotiate Service Author-
ization #1 with the second ranked firm for the City Hall and
Community Center Energy Audit Evaluation. By random selection,
the order of interviews will be:
** Slattery & Root Architects
** MPA Architects, Inc.
** Robert G. Currie Partnership, Inc.
Jose Aguila, Construction Manager, suggested that each
of the three architectural firms be allowed a ten minute presen-
tation. Mr. Aguila reported that staff had forward a very thor-
ough presentation package to each of the architectural firms.
These were filled out and submitted to a committee consisting of
five members. The committee used ten criteria, marking each of
the items numbers 1 through 10. The firms were then interviewed
by the committee.
Representatives of each of the three architectural
firms gave a ten minute presentation and answered various ques-
tions asked by Commission members. The following individuals
spoke on behalf on their firms: Paul Slattery, President of
Slattery & Root Architects; Rickard Logan, President of MPA
Architects, Inc.; and, Robert G. Currie, Principal of Robert G.
Partnership, Inc.
Mayor Lynch asked City Attorney Susan A. Ruby to total
each of the Commission members' ranking list and report back to
the Commission with the completed ranking further on the agenda.
At this point, the time being 7:25 p.m., the Commission
moved to the duly advertised Public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 7-96: An ordinance rezoning a 7.84 acre
parcel of land from R-1-A (Single Family Residential) District to
CF (Community Facilities) District for the Full Gospel Assembly
Church. The subject property is located at the southwest corner
of S.W. 10th Street and Swinton Avenue. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 7-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT IN THE CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND
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BEING GENERALLY LOCATED AT THE SOUTHWEST
CORNER OF S.W. 10TH STREET AND SWINTON
AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA 2994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 7-96 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The City Attorney 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, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. The requested change in
zoning is to accommodate a church with seating for 500 persons
and consisting of approximately 2,500 square feet in size.
Future uses may include a day care and educational facilities,
the development will be phased. Currently there are three resi-
dential structures along S.W. 10th Street which belong to the
church. The three homes will remain as R-1-A zoning. The remain-
der of the property will be zoned CF and will be used for church
purposes. Development surrounding the church is a mix of resi-
dential and industrial type uses and the church will likely have
a stabilizing influence on the area. The Planning and Zoning
Board considered the rezoning at its meeting of June 16, 1995 and
recommended approval. The reason for the delay is because staff
was waiting for revised legal descriptions before bringing the
item to the Commission as these legals were just recently com-
pleted. Ms. Dominguez noted that a sketch plan has been received
for the southernmost portion of the property, which is the first
phase. The second phase will probably end up with an access
coming off SoW. 10th Street on the west end. Staff has been in
contact with the Property Appraiser's Office as to how the rezon-
ing may affect the assessment and they confirmed that whenever
the property goes into a church related use it will become tax
exempt.
Dan Carter, Landscape Architect speaking on behalf of
the applicant, stated that the lot between the two houses will be
used for church functions, such as a playground associated with
the day care.
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There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mr. Randolph moved to adopt Ordinance No. 7-96 on
Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes;
Dr. Alperin - Yes. Said motion passed with a 5 to 0 vote.
At this point the Commission returned to Item 9.B.2. of
the Regular Agenda regarding the ranking of Architectural Consul-
tants.
Mayor Lynch reported the results of the ranking of the
top three architectural firms as follows:
# 1 - Robert G. Currie Partnership, Inc.
# 2 - Slattery & Root Architects
# 3 - MPA Architects, Inc.
On behalf of the Commission, Mayor Lynch expressed
appreciation to all three architectural firms for their presenta-
tions.
10.B. DETERMINATION OF SUBSTANTIAL DEVIATION HEARING FOR
WATERFORD PLACE/DELINT DEVELOPMENT OF REGIONAL IMPACT (DRI):
PUBLIC HEARING to determine if the proposed change to the
Waterford Place/Delint Development of Regional Impact (DRI)
creates a substantial deviation requiring further development of
regional impact review.
John Walker, Project Coordinator, explained that this
is a very limited review of a DRI modification. The only ques-
tion asked is whether the change requires a review at the state
and regional levels due to impacts on regional issues. The
process and the items reviewed are governed by the State Statues.
Since this modification will involve the decrease of one use
(offices) and an increase of other uses (residential and hotel),
the statute presumes that this is a substantial deviation.
However, evidence may be brought forward to rebut the presump-
tion. Mr. Walker explained that the main regional impact to be
considered is the impact on the transportation network. The
applicant's traffic analysis indicates that the proposed change
will produce no significant impact on the 1-95 ramps; and that
the Level of Service (LOS) on Linton Boulevard will not be ad-
versely impacted. Further, the change to residential will
slightly reduce the traffic generation for the total development.
Other potential impact of a regional nature includes education
and employment. The residential development will add population
to an overcrowded school system but will improve the racial
balance in area schools. Changes in the office market indicates
that the question of potential loss of job opportunities is moot
since office development on this site is unlikely for the future.
For these reasons, staff recommends that the Commission find that
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the proposed change does not constitute a substantial deviation
which would require future review.
The public hearing was declared opened.
The following individual spoke in opposition:
Helen Coopersmith, representing the Progressive Resi-
dents of Delray Beach (PROD), read into the record a written
document which she had prepared in 1993 opposing a change to the
DRI proposal to the Treasure Coast Regional Planning Council.
She stated that if there is any change and/or proposal for addi-
tional housing developments, then the City should be assured
developers help to pay for the schools which will be needed as a
result of this change. She felt that originally the developer
had made a promises which the City has yet to receive and that
there must be something wrong when the developer is continually
requesting changes to the DRI.
The public hearing was closed.
Dr. Alperin considered this particular change was less
of an impact compared to the last DRI change.
Mr. Randolph expressed concern of traffic impacts. He
found it hard to believe that the the proposed change in use that
was reflected in the traffic study reflects no significant impact
on the 1-95 ramps.
Mayor Lynch entered into the record a letter from David
J. Kovacs, Palm Beach County Director of Planning.
Mayor Lynch preferred to see the land used for office
space, rather than multi-family development, however, this does
not seem feasible at the present time. He felt that the change
would not create a substantial deviation and would be considered
an asset to the City since traffic will be reduced on Linton
Boulevard.
Mr. Ellingsworth moved to find that the proposed change
to the Waterford Place/Delint Development of Regional Impact
(DRI) does not create a substantial deviation, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin
Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
10.C. ORDINANCE NO. 10-96: TRANSMITTAL HEARING/FIRST READING
for an ordinance changing the Future Land Use Map (FLUM) designa-
tion from Commerce to Medium Density Residential (5-12 du/acre)
(approximately 31 acres), and from Commerce to Transitional
(approximately 4 acres), for a portion of the Waterford Place/
Delint Development of Regional Impact (DRI) located south of
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Linton Boulevard, between Interstate-95 and Lindell Boulevard.
QUASI-JUDICIAL ~EARING
The City Manager presented Ordinance No. 10-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FOR A PORTION OF THE
WATERFORD PLACE/DELINT DEVELOPMENT OF
REGIONAL IMPACT, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM COMMERCE TO MEDIUM
DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE
FOR A 31 ACRE PORTION OF THE SITE, AND FROM
COMMERCE TO TRANSITIONAL FOR A 4 ACRE PORTION
OF THE SITE; PURSUANT TO THE PROVISIONS OF
FLORIDA STATUTES SECTION 380.06(6) (B);
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 10-96 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The City Attorney 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, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents, including a letter from
David J. Kovacs, Palm Beach County Planning Director and the
Reinhold Work Study for the City of Delray Beach entitled Analy-
sis of Current & Future Housinq Needs. She stated the change
involves approximately 35 remaining acres of the Waterford/Delint
Development of Regional Impact (DRI). The original DRI was
approved in 1985 with a combination of office/hotel and residen-
tial uses. Originally, the DRI consisted of the Waterford Vil-
lage (236 units) and over 18,000 square feet of office space and
a 250 room hotel. The Waterford Village apartments were con-
structed in 1992. The City Commission approved a change to the
DRI to replace the hotel and more than half of the office square
footage with Builder's Square, which has also been built. The
current amendment involves eliminating the office uses entirely,
instead, the applicant proposes to construct a 350 unit apartment
complex and a 78 room residence/business hotel. These proposed
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modifications require a change in the Comprehensive Plan Land Use
Plan from the Commerce designation to a combination of Medium
Density Residential (apartments) and Transitional (hotel).
Staff feels that the major item of concern of the
proposal is the elimination of the Commerce land use designation.
A policy of the Future Land Use Element of the Comprehensive Plan
states that the Commerce land use designation is the most needed
land use classification for the City as it reaches buildout; and,
that any change that diminishes this designation is discouraged.
This proposal eliminates the amount of remaining vacant commer-
cial land use in the City by approximately 29%.
The Planning Director noted that from an employment
potential point of view, it is clear that the proposed change is
a significant reduction for job creation. There will be some
jobs related to the hotel and apartment complex but nothing
compared to 350,000 square feet of office park which was estimat-
ed at 1,600 jobs. The proposed date for buildout date is Novem-
ber, 1997, and it is possible that the applicant could return for
approximate two year extension. Ms. Dominguez emphasized that
every time an extension or change is approved, the City still has
to determine if the change would be a substantial deviation. Ms.
Dominguez noted that the economy is still recovering from the
overbuilding of the 1980(s) and with corporate downsizing, the
trend is toward small companies and small users. This particular
parcel is geared toward a large office park. She noted that
there is still quite a few vacant commercial parcels which could
accommodate the small office and/or industrial tenant. Also, the
City recently annexed 27 acres which could be used for of-
fice/industrial purposes. This will help to reduce and offset
the decrease of Commerce designation in the City.
In respect to the rental apartments market, staff does
not feel this land use change is necessary to meet the future
demand for housing. However, the housing study which was pre-
pared reflects that there is an existing shortage of high-end
rental apartments which this project would help to fulfill.
In terms of the hotel, there was a need identified by
the City and this proposal will fulfill this need. In VISIONS
2005, a lack of hotel rooms was noted and this proposal will
provide 78 suite-type hotel rooms in a very convenient location.
The Palm Beach County Board of Commissioners discussed
this land use amendment at a recent meeting and stopped short of
objecting to the amendment; however, they did raise a couple of
issues. Namely, the loss of a large tract of land that can
support high sectors of the economy and questions regarding the
potential impact upon the school system. The change to residen-
tial land use would generate an increase in the population of
local schools.
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At its meeting of January 22, 1996, the Planning and
Zoning Board several residents expressed concern regarding traf-
fic impacts. At that meeting it was the majority consensus of
the Board (5 to 1) to recommend approval of the land use and
zoning change.
Alan C£klin, Agent, presented an overview of the histo-
ry of the Waterford Place/Delint Development. He pointed out
that the entire infrastructure for the project has been put into
place and that millions of dollars have been spent for drainage,
utilities, including on-site and off-site roads in the area. Mr.
Ciklin noted that after the project received approval in 1984,
Ocean Properties went on a large regional and national marketing
campaign to try to find interest in the commerce research and
development field for large square footage of commercial space;
however, they were unsuccessful.
Mr. Ciklin concluded his presentation with a descrip-
tion the apartment complex and proposed hotel, including ameni-
ties.
Bill Schwartz, 3863 Live Oak Boulevard, voiced his
objection to the change in zoning. He emphasized that the 35
acres is the only large tract of vacant commercial land remaining
in the City. Mr. Schwartz stated that he personally spoke to
approximately six real estate agents that there is a considerable
shortage of good quality large commercial tracts left in the
entire region. Northern Broward County also has a shortage of
office space. Also, the City will be losing the opportunity for
considerable employment and a better tax base without the service
cost and expense of schools. Mr. Schwartz urged the Commission
to consider the seriousness of this proposal and deny the request
for a change in zoning.
David Kovacs, Palm Beach County Planning Director,
reported that at its meeting of January 23, 1996 the Board of
County Commissioners identified two items of concern that relate
to this decision: inventory of commerce land; and, the planning
and siting of schools. The County would like to address these
two items and share its ideas to ensure that both these issues
are explored since this decision will affect everyone for a very
long time.
Regarding the inventory of commerce land uses, the
County has a goal for the coastal community revitalization/
stabilization development and would like to see the Commerce land
use as well as the City of Delray Beach. Mr. Kovacs stated that
with the City's support, the Board of County Commissioners would
like to approach the Department of Community Affairs and the
Treasure Coast Regional Planning Council to have the land avail-
able for Commerce use for a longer period of time. If we can't
do anything regarding the vesting and making this land available
longer and it goes to residential, then another situation comes
up, which is the unplanned conversion of land use. He noted that
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this becomes a problem when the School Board looks at potential
growth when determining siting for schools. If there is a poten-
tial for more children coming into the area, then the schools
become overcrowded. An item which has been discussed, called the
"Early Child Learning Center", for pre-kindergarten, kindergarten
and first and second grades and suggested working with the School
District by donating five acres of this site for this purpose and
exploring the issue of overcrowding schools.
There being no one else who wished to give testimony on
this item, the public hearing was closed.
At this point, Mayor Lynch opened the floor for Commis-
sion comments.
Mr. Randolph commented that the School Board has not
been very favorable toward assisting in the basic inter-city
schools.
Mayor Lynch pointed out the School Board was not inter-
ested in several sites within the City for a school site. He
emphasized that they were unwilling to cooperate with the City in
this regard. Further, there has been no interest during the last
couple of years and Mayor Lynch did not feel the School Board
would be interested in this particular concept.
Mr. Kovacs noted that his discussions with representa-
tives of the School Board has been very different during the last
several months and he felt that they would be interested in these
ideas.
Dr. Alperin stated that he recently had a chance to
speak to the School Board about the possibility of this particu-
lar site for a school and that they was not very positive.
Mayor Lynch asked the applicant for a completion date,
should the ordinance be approved?
In response, Mr. Ciklin stated that the construction
will be done in one phase. After receipt of the building per-
mits, the hotel and the apartments would begin construction
immediately and anticipated a completion date of November, 1997.
Mrs. Smith moved to approve Ordinance No. 10-96 on
FIRST Reading and authorize transmittal of the FLUM amendment,
based on positive findings as recommended by the Planning and
Zoning Board, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mrs. Smith -
Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
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.
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11.A. City Manager's response to prior comments and inqui-
ries.
The City Manager stated that there were no comments or
inquiries that required a staff response.
11.B.1. Lillian Feldman, resident of the Pines of Delray,
pointed out that the street lighting on Homewood Boulevard is
very dull and that the street is quite dark. Also, a public
service light located at the parking lot on Juniper Drive is also
very dull. Mrs. Peldman suggested the wattage be increased and
emphasized that good lighting deters crime activity.
11.B.2. Helen Coopersmith, 1222 South Drive Way, commented that
the people in the audience cannot view the renderings and/or
presentations which are placed on easels facing the Commission.
Mrs. Coopersmith suggested that mirrors be placed to reflect off
the easels.
Mrs. Feldman concurred with comments voiced by Mrs.
Coopersmith.
11.B.3. Betty Goodman, 930 S.W. llth Terrace, expressed concern
regarding traffic on S.W. 10th Street and S.W. 10th Avenue,
especially during the afternoon rush hour. Vehicular traffic on
S.W. 10th Avenue has great difficulty getting onto S.W. 10th
Street to turn east or west. Ms. Goodman asked if a traffic
light could be installed in order to facilitate easier access.
The City Manager stated that the City had requested the
County to install a traffic light at S.W. 10th Street; however,
the County refused as they felt it was not warranted. He noted
that since the road construction is now completed, traffic pat-
terns are more established and staff will check with the County
to see if they would be willing to conduct a new traffic study.
ll.B.4. Gerald DeFoe, resident of County Manors and represent-
ing the Progressive Residents of Delray (PROD), concurred with
Ms. Goodman. He stated that he travels this area frequently and
that it is getting progressively more difficult to exit S.W. 10th
Avenue onto S.W. 10th Street. He further stated that PROD will
be happy to support the City's efforts in this endeavor.
12. FIRST READINGS=
12.A. ORDINANCE NO. 11-96= An ordinance modifying the ap-
proved Waterford Place/Delint Special Activities District (SAD)
to replace 322,413 square feet of office space with a 300 unit
apartment complex and a 78 room residence/business hotel; and
consideration of associated changes to the Development of Region-
al Impact - Development Order (DRI-DO).
The City Manager presented Ordinance No. 11-96:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 79-84; AS AMENDED BY ORDINANCE
NOS. 96-87, 68-89 AND 64-92, WHICH COMPRISE
THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING
ORDINANCE FOR THE WATERFORD PLACE/DELINT
DEVELOPMENT OF REGIONAL IMPACT, LOCATED ON
THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN
INTERSTATE-95 AND LINDELL BOULEVARD, BY
MODIFYING THE ALLOWABLE USES OF LAND;
APPROVING A REVISED MASTER DEVELOPMENT PLAN;
ESTABLISHING CONDITIONS OF APPROVAL FOR
FURTHER DEVELOPMENT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 11-96 is on file in the official
Ordinance Book)
Mr. Randolph moved to approve Ordinance No. 11-96 on
FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com-
mission voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes.
Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 9-96: An ordinance rezoning a 0.91 acre
parcel of land from RM (Medium Density Residential) to CBD-RC
(Central Business District-Railroad Corridor). The subject
property is located at the southeast corner of S.E. 1st Avenue
and unimproved S.E. 6th Street, west of the F.E.C. Railway. If
passed, quasi-judicial/public hearing February 20, 1996.
The City Manager presented Ordinance No. 9-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED RM (MEDIUM
DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC
(CENTRAL BUSINESS DISTRICT-RAILROAD
CORRIDOR); SAID LAND BEING LOT 5, PLAT OF
ANDERSON BLOCK, AS MORE PARTICULARLY
DESCRIBED HEREIN, GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF S.E. lST AVENUE AND
UNIMPROVED S.E. 6TH STREET; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 9-96 is on file in the official
Ordinance Book)
Charles Lee, property owner, stated that since the
property abuts the railroad he could not develop the property as
residential, he proposes to have a picture framing business at
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this site, rent out the rest of the building, and install hedging
to act as a buffer. Mr. Lee felt that the present RM zoning is
not conducive to this area as it is located near the railroad
tracks.
The City Manager expressed concern of commercial intru-
sion into a residential area. He noted that the property could
easily be separated from the commercial development to the north
and take access off Swinton Avenue by paving S.E. 6th Street.
Mayor Lynch inquired as to the type of residential
development surrounds this particular area?
Diane Dominguez, Planning Director, responded that
there is multiple family development south and west of the prop-
erty. Also, that this property is just east and south of the
Griffin Gate development on Swinton Avenue and several rows of
warehouses are located along the railroad tracks.
Dr. Alperin moved to approve Ordinance No. 9-96 on
FIRST Reading, seconded by Mrs. Smith. Upon roll call the Com-
mission voted as follows: Dr. Alperin - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes.
Said motion passed with a 5 to 0 vote.
A quasi-judicial/public hearing will be held on Febru-
ary 20, 1996.
12.C. ORDINANCH NO. 12-96: An ordinance amending Chapter 35,
"Employee Policies and Benefits", "Retirement Plan", of the City
Code by amending subsection (D), "Employee", of Section 35.089,
"Definitions". If passed, public hearing February 20, 1996.
The City Manager presented Ordinance No. 12-96:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS",
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION (D), "EMPLOYEE", OF
SECTION NO. 35.089, "DEFINITIONS", PROVIDING
A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 12-96 is on file in the official
Ordinance Book)
Mayor Lynch felt that it is important to include good
part-time employees and that they should be included on a pension
plan. Of course certain criteria would have to be established
for the employee to be eligible, such as working a required
amount of hours per week and for a determined amount of months,
etc.
-19- 2/06/96
The City Manager felt that Chapter 35 of the ordinance
can be quite confusing. He stated that only regular full-time
employees were eligible to participate in the General Employee
Pension Plan; and, that the City has never applied pension bene-
fits to part-time employees.
Mayor Lynch pointed out that reliable good part-time
people could help run the City more effectively. He suggested
that it might be better in the long run to have a benefit that
would help to retain such employees. He stated that employees
who work a total of twenty-five (25) hours a week during impor-
tant or peak times help a business to run effectively. Mayor
Lynch suggested that the ordinance be changed.
The City Manager concurred with Mayor Lynch that the
ordinance needs to be clarified in one way or another. He noted
that an employee would have to work forty (40) hours a week in
order to be eligible for the pension plan. However, staff could
check on some pricing and return to the Commission with revised
language.
The City Attorney concurred with the City Manager that
the definitions in the ordinance seem to be contradicting and
that the language needs to be changed.
After brief discussion, the Commission requested that
prior to Second Reading of the ordinance, staff is to check on
additional information to cover part-time employees who work a
certain amount of hours, including the total number of long term
part-time employees.
Mr. Randolph moved to approve Ordinance No. 12-96 on
FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin
- Yes. Said motion passed with a 5 to 0 vote.
At this point the Commission returned to Item 9.D. of
the Regular Agenda.
9.D. CRC RECOVERY FOUNDATION REOUEST FOR EXTENSION: Consid-
er a request from The CRC Recovery Foundation, Inc. to extend the
note payment schedule on the property bought by the Foundation on
August 31, 1995.
The City Attorney stated that The CRC Recovery Founda-
tion, Inc. has requested an extension of their note payment
schedule for one year (from 2001 to and including the year 2002).
Under these terms The CRC Recovery Foundation, Inc. would com-
mence payment to the City on September 1, 1998 instead of Septem-
ber 1, 1997.
-20- 2/06/96
Mrs. Smith felt that the request should not be granted
as they had made a contact with the City that involves tax monies
and that we should hold them to the original contract.
Dr. Alperin concurred with Mrs. Smith. At the time the
original contract was negotiated, The CRC Recovery Foundation,
Inc. was very confident and that the City had nothing to worry
about. The Commission, at that time, felt comfortable that CRC
would be able to do keep its commitment. Dr. Alperin stated that
he also was reluctant to put forth public funding.
Mrs. Smith moved to deny The CRC Recovery Foundation,
Inc. request to extend the note payment schedule, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mr. Randolph - No; Mayor Lynch - No; Mrs. Smith - Yes; Dr.
Alperin - Yes; Mr. Ellingsworth - Yes. Said motion to deny
passed with a 3 to 2 vote.
9.E. ADOPTION OF MANDATORY IMPACT-RESISTANT PROTECTIVE
DEVICES/PALM BEACH COUNTY BUILDING CODE ADVISORY BOARD: Consider
recommending that Palm Beach County adopt codes for mandatory
impact-resistant protective devices (windows and/or shutters) as
recommended by the Building Code Advisory Board of Palm Beach
County.
Mayor Lynch stated that at the last Municipal League
meeting this issue was debated and the League voted approval of
the building code amendment.
For clarification, the City Manager stated that the
City is considering adopting mandatory protection devices. He
explained that the motion adopted by the Municipal League is that
cities should consider adopting mandatory impact resistant pro-
tective devices and there is debate as to whether it should be
voluntary or mandatory.
Mayor Lynch pointed out that he had attended the Build-
ing Code Advisory Board meeting and felt that the City should sup
port the ordinance, however, this will add to the cost of the
purchase of a new house. The Mayor indicated that he felt the
insurance industry needs to become involved with the enforcement
of this requirement by giving incentives to the property owner
who not only installs these devices but uses his shutters during
storms. He noted that as of January 1, 1996, the insurance
industry was to prepare some incentives such as enforcing a
penalty if the owner does not use these installed protection
devices; or, to provide a discount on the owner's coverage.
The City Manager noted that the Chief Building Official
had discussed the matter with him and he felt that the code
amendments which were approved by the Building Code Advisory
Board require that if there are no shutters on the window open-
ings stronger tie-down devices have to be done in order to keep
-21- 2/06/96
the roof from blowing off. He pointed out that this will certain-
ly add to the cost of a house more than will the shutters.
Jerry Sanzone, Chief Building Official, stated that
after the ordinance is passed, the amendment applies to all newly
constructed structures which are designed for residential use.
It was pointed out by Mayor Lynch that once the insur-
ance industry supports the amendment, then they probably insure
only the residences who put up the shutters and the older homes
will have to comply; therefore, it will protect the City long
term.
Mr. Sanzone pointed out that after Hurricane Andrew, it
was a fact that there was much greater damage once the envelope
was penetrated. This amendment will really maintain the enve-
lope's integrity. Under the new code, if a building is designat-
ed as a non-closed envelope without impact resistance on a win-
dow, it will result in a higher cost of structures.
Mr. Randolph stated that he could not vote in support
of the adoption of the mandatory impact-resistant protective
devices.
Mrs. Smith moved to support the adoption of mandatory
impact-resistant protective devices by Palm Beach County and that
the City encourages the County to lobby the Insurance Commission-
er to enforce the amendment, seconded by Dr. Alperin. Upon roll
call the Commission voted as follows: Mayor Lynch - Yes; Mrs.
Smith - Yes; Dr. Alperin - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - No. Said motion passed with a 4 to 1 vote.
9.F. PROPOSAL FOR A CITY MUSEUM/SOLOMON D. SPADY HOUSE:
Consider a planning report by the EPOCH Committee (Expanding and
Preserving Our Cultural Heritage) for the creation of another
Historic District and for a Museum in the S.D. Spady House.
The City Manager recommended that this item be referred
to the Historic Preservation Board and that the EPOCH Committee
be invited to attend the Commission's workshop meeting on Febru-
ary 13, 1996 when this item will be discussed. He stated that
it is not clear if the EPOCH Committee is looking for the City to
provide on-going support or seeking an arrangement such as the
agreement the City has with Cason Cottage. The City Manager
stated that further information will be provided in the back-
ground material for the workshop regarding the acquisition of the
Cason Cottage, its renovation and operation.
Although he supported the creation of another historic
district, Mayor Lynch expressed concern of having two separate
historic areas. He stated that he wished there was a way of
physically combining the two areas.
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Mr. Randolph felt that the Old School Square Historic
Arts District (OSSHAD) should be extended further west to encom-
pass this area. He emphasized that he did not want to see the
two historical areas separated.
Vera Farrington, representing the EPOCH Committee,
wanted to clarify for the record that the EPOCH Committee is not
associated with any other agency or historical society. She
stated that the original intention of the committee was to seek
an extension of the OSSHAD district further west. Also, that
the committee has proposed a West Settlers Historic District and
urged the Commission to cooperate in trying to pull this togeth-
er. She emphasized that the historic district should be together
and not divided. The Spady House is appropriate in order to
display exhibits in a museum, not just for the black exhibits or
white exhibits, just more room to display historic exhibits.
Dr. Alperin moved to refer consideration of the crea-
tion of Historic District and Museum in the S.D. Spady House to
the Historic Preservation Board Workshop Meeting of February 7,
1996, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Mrs. Smith - Yes; Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint a
regular member to the Board of Adjustment to fill an unexpired
term ending August 31, 1996. Commissioner Ellingsworth's ap-
pointment.
Mr. Ellingsworth moved to appoint Lee Wilder, Jr. as a
regular member to the Board of Adjustment to fill an unexpired
term ending August 31, 1996, seconded by Mrs. Smith. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch Yes; Mrs.
Smith - Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY:
Appoint a member to the Downtown Development Authority to fill an
unexpired term ending July 1, 1997. Mayor Lynch's appointment.
Mayor Lynch stated that he wished to appoint Tim Onnen
and asked that a motion be made on his behalf.
Mr. Ellingsworth moved to appoint Tim Onnen to the
Downtown Development Authority to fill an unexpired term ending
July 1, 1997, seconded by Mrs. Smith. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
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In response to a previous inquiry regarding the Butler
building on Lake Ida Road, the City Manager stated that City
staff has again met with Michael Mackowitz, the property owner,
to reiterate to him the City codes; the problem of working with-
out permits; and, nonconforming use restrictions. The City
Manager noted that there are several active Code Enforcement
Board violations against this property. Several of these viola-
tions will be heard at the Code Enforcement Board meeting on
February 27, 1996. At issue is the property owner's failure to
obtain permits for the construction of interior office space and
the installation of a fence. Additionally, staff has addressed
the matter of outside storage and proper maintenance of the
grounds. The property owner has retained the services of attor-
ney Roger Saberson to represent him in respect to zoning issues
and to present his plans for future improvements. In the mean-
time, Mr. Mackowitz has agreed to discontinue any future con-
struction.
The City Manager reported that the City has finally
received a draft from the School Board regarding the Interlocal
Agreement on the Seacrest Properties.
With respect to the naming of the park near the Orchard
View Elementary School and fund raising efforts for playground
equipment, the City Manager reported that contact has been made
with the principle's office. The school is presently researching
the process which they will need to follow. A response is ex-
pected from the school sometime later this week.
The City Manager read a letter into the record which
was received from the Tropic Isles Civic Association. The letter
was signed by 33 residents of Eve Street, McCleary Street and
Spanish Trail expressing appreciation to the Commission and the
Tropic Isles Civic Association Board of Directors for their
assistance for the closure of Eve Street. The residents who were
directly affected by the road closure have noticed that there has
been an elimination of commercial traffic and a decrease in crime
activity in the neighborhood.
The City Manager announced that the City has received a
plaque from the Unity Club at Atlantic High School in apprecia-
tion of the $500.00 contribution which they had received in
support of their program for Black History and Brotherhood Month.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. RandolDh stated that he recently received a com-
plaint regarding drainage problems at N.W. 3rd Street and N.W.
12th Avenue which resulted in standing water in front of six
homes on N.W. 12th Avenue. He noted that the situation had been
-24- 2/06/96
checked in the past by the City's Environmental Services Depart-
ment and had been corrected; however, the situation has now
recurred. Mr. Randolph felt that the water may be coming from
the Lake Ida Road widening project and requested City staff to
check into the matter.
Mr. Randolph commented that he was very interested in
the expansion of the Old School Square Historic Arts District and
the use of the Spady House as a museum. He felt that this was an
excellent idea as a museum will allow cultural mementoes to be
preserved and displayed. Mr. Randolph remarked that he did not
like the perception of the image of a separate historical dis-
trict.
13.C.2. Mr. Ellinqsworth pointed out that the parking lot north
of Atlantic Plaza has been completely blocked off due to road
construction. Access to the area was only via Atlantic Avenue,
which has caused a great inconvenience to many people. Mr.
Ellingsworth thanked the City Manager for his quick action by
contacting the contractor who immediately responded and opened
the street.
13.C.3. Mrs. Smith stated that she had received a telephone
complaint regarding in-line roller skating at Veterans Park and
along A-1-A. She felt that the skating, along with skateboards,
presents a very dangerous situation for pedestrians. She noted a
person who was walking along A-1-A was injured recently by a
skater who skated into him and making him fall onto the pavement.
Mrs. Smith suggested that a change in the ordinance should be
considered.
Mrs. Smith inquired about the status of the removal of
the ticket booth at Veteran's Park and the construction of a new
structure?
In response, the City Manager stated that the initial
cost estimates were high (approximately $35,000.00) and that the
architect, Digby Bridges, was uncertain as to whether to proceed
with the project.
In regard to the time frame for the construction of the
ticket booth, the City Manager stated that the agreement itself
does not have a binding requirement.
Mrs. Smith asked when the public hearings will be held
on the Evaluation and Appraisal Report for the Comprehensive Plan
(EAR) ?
Diane Dominguez, Planning Director, stated that the
first orientation meeting is tentatively scheduled for February
22, 1996. She noted that many citizens are already requesting to
be placed on task teams. After the orientation meeting, differ-
ent task teams will be setting their own schedules and holding
individual meetings during the month of March.
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13.C.4. Mayor Lynch announced that the Peace Pole was placed in
the ground at Veteran's Park on Saturday, February 3, 1996. He
noted that the poles were made in Japan and were given to cities
throughout the United States. Japan shipped several hundred
poles and the City of Delray Beach is one of the first ten cities
to install a Peace Pole. He felt that Veteran's Park is an
excellent location and the Peace Pole is visible from Atlantic
Avenue.
Mayor Lynch stated that it had been brought to his
attention that someone will be moving a house from South Ocean
Boulevard and the owner is willing to donate the house to chari-
ty. He felt this would be an excellent opportunity for a chari-
table organization to pay the expense of moving the house and
then selling the house for a profit.
Mayor Lynch asked about the status of the newsrack
ordinance?
In response, the City Attorney stated that a draft has
been prepared. After the draft is initially reviewed by the City
Manager, staff and the newspapers, the proposed ordinance should
be before the Commission sometime during the month of March.
Mayor Lynch reported that he recently received a letter
from the Pines of Delray Beach Homeowners Association objecting
to offensive odors resulting from the wastewater treatment plant
located on North Congress Avenue. Mayor Lynch felt that the
wording of the letter was quite offensive. Instead of proposing
threats the Association should be working cooperatively with Bob
Hagel, Executive Director of the South Central Regional
Wastewater Treatment and Disposal Board.
Mayor Lynch passed a letter to the City Manager regard-
ing the High Speed Rail system.
Mayor Lynch reported that he had recently signed sever-
al letters. One letter is in support of Morikami's efforts; one
is on behalf of the Photograph Institute; another is on behalf of
the Pineapple Grove School Magnet Program. Another letter, which
is not yet prepared, is on behalf of Old School Square who is
requesting a State grant.
Mayor Lynch announced that the dedication for the new
Pompey Park swimming pool will be held Sunday, February 11, 1996
at 2:30 p.m. and urged everyone to attend this function.
Mayor Lynch stated that he has received many telephone
complaints about road construction work being conducted during
the season, especially on S.E. 7th Avenue and Venetian Drive.
In response, the City Manager explained that the road
work is being done on the side streets in preparation for road
work on Atlantic Avenue which will start during the summer
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months. Initially the work was to have begun prior to Christmas;
however, it was decided to start the construction work after the
holidays.
Mayor Lynch passed a letter to the City Manager regard-
ing a new program which Florida Atlantic University is initiating
in trying to get students involved in volunteer work. He felt it
would be beneficial for the City to have young people active in
this endeavor.
There being no further business, Mayor Lynch declared
the meeting adjourned at 9:30 P.M.
~ Cit~ ~lerk Y
ATTEST:
M 'Af~y/O R
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the min-
utes of the meeting of said City Commission of February 6, 1996
which minutes were formally approved and adopted by the City
Commission on ~/~/~ ~ /99~
City Clerk ~ .... 7
NOTE TO READER:
If the minutes you have received are not completed 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.
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