02-08-94 FEBRUARY 8, 1994
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 8, 1994.
/. 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 Greg
Barrette, Unity Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Lynch requested that Item No. 8.A. (Initiation of
Rezoning Lakeview Golf Course) be moved from the Consent Agenda
and placed at the beginning of the Regular Agenda as Item No.
9.A.A. The City Attorney advised that Item No. 6.A. (Proclama-
tion Calling for First Nonpartisan Election) should be removed
from the Consent Agenda, as it is no longer necessary.
Mr. Ellingsworth moved approval of the Consent Agenda,
as amended, seconded by Mr. Randolph. 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.
5. Approval of Minutes:
Dr. Alperin moved approval of the minutes of the Spe-
cial Meeting of January 20, and the minutes of the Regular Meet-
ing of January 25, 1994, seconded by Mr. Ellingsworth. 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: THIS ITEM WAS REMOVED FROM THE AGENDA.
7. Presentations:
A. Mrs. Sheila Reese - Atlantic High School Eaglettes
Mrs. Reese, representing the parent and booster group
from Atlantic High School, stated that during the past twenty-
five (25) years, the Eaglettes & Company have proudly represented
Delray Beach and Boynton Beach in local, state, national and
international dance and drill championships. She requested that
the cities be supportive in providing much needed funds in order
to continue the quality representation necessary for competition
this year in March in two national competitions and champion-
ships. She added that, although the students hold numerous fund
raisers and collections throughout the year, they have been able
to raise only $15,000, which is one-half the total funding need-
ed. She is requesting that each city support them with a grant
of $2500. Boynton Beach agreed to do this at their City Commis-
sion meeting held last week.
Upon question by Mayor Lynch, the City Attorney sug-
gested this item be placed on the agenda as a Special Meeting
item next Tuesday, February 15, prior to the Workshop Meeting.
.... The. following items were considered by the Commission
as the Consent Agenda:
Consent Agenda: _City Manager..recommends approval.
8.A. INITIATION.QF REZONING/LAKEVIEW GOLF COURSE~ THIS ITEM
WAS MOVED TO THE REGULAR AGENDA AS ITEM NO. 9.A.A.
INITIATION OF SMALL S~ALE LAND USE MAP AMENDMENTS AND
INITIAL CITY ZONINGS FOR THE NORTH FEDERAL HIGHWAY ENCLAVES:
Initiate small scale amendments to the Future Land Use Map for
the North Federal Highway enclaves, with land use designation of
General Commercial and initial City zonings of General Commercial
(GC) and Automotive Commercial (AC).
8,~, INITIATION OF SMALL SCALE LAND USE MAP AMENDMENT AND
INITIAL CITY ZONING FOR THE DELRAY SWAP SHOP PROPERTIES; Initi-
ate a small scale amendment to the Future Land Use Map for the
Delray Swap Shop, with land use designation of General Commercial
and initial City zoning of General Commercial (GC).
8,D.. WATER SERVICEAGREEMENT/BENNETT<($QUTHERN ORNAMENTAL
PLANTS); Approve a water service agreement for Ruby Bennett,
owner of Southern Ornamental Plants, to be located at 13076
Military Trail.
8,E~ WAIVER OF LANDSCAPE REQUIREMENT/ERBE DENTAL LABORA..TORY~
Approve a waiver to LDR Section 4.6.16(H)(3)(a) for Erbe Dental
Lab to reduce the required perimeter landscape buffer adjacent to
N.E. 3rd Street from 5 feet to 2.5 feet, based upon positive
findings per LDR Section 2.4.7(B)(5). Site Plan Review and
Appearance Board recommends approval.
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8.,F, CONDITIONAL PERMIT AGREEMENT/LAKE WORT~ DRAINAGE
DISTRICT; Approve conditional permit agreement with Lake Worth
Drainage District for water main construction across the E-4
canal at the Municipal Golf Course.
8,G, AGREEMENT WITH PALM BEACH COUNTY/WATER AND SEWER
IMPROVEMENTS - LINTON BOULEVARD AND MILITARY TRAIL: Approve an
Agreement with Palm Beach County for joint project participation
in construction of the intersection improvement for Linton Boule-
vard and Military Trail.
8.H, AGREEMENT WITH PALM BEACH COUNTY/WEST ATLANTIC AVENUE
JOINT PROJECT F.UND~NG.: Approve an Agreement with Palm Beach
County for joint project funding of water main improvements
(City's share $105,799.00) to be constructed in conjunction with
the County's road widening project along West Atlantic Avenue
from Military Trail to 1-95.
8.I, RIGHT OF ENTRY AGREEMENT/PRIEST: Approve Right of
Entry Agreement with O.D. Priest, Jr. to allow entry onto proper-
ty in order to complete roadway construction along S.W. 2nd
Avenue.
-.8,J HOLD-HARMLESS AGREEMENT/GROVES QF DELRA¥, LTD,~
Approve an agreement with Groves of Delray, Ltd. to hold the City
harmless for any damage which might be caused to the develop-
ment's perimeter wall as a result of repair or maintenance by the
City of sewer and water utilities running under the proposed
six-foot wall.
8.K, ACCEPTANCE OF EASEMENT DEED/ABBEY DELRAY SQUTH~ Accept
a utility easement deed from Abbey Delray South (Palm Beach
County Health Facilities Authority) for the installation and
maintenance of a city water main within the easement.
8.L. ASSIGNMENT OF CONTRACT FROM PEROXIDATION SYSTEMS, INC.
TO VULCAN PEROXIDATION SYSTEMS INC.: Approve assignment of
contract from Peroxidation Systems, Inc. to Vulcan Peroxidation
Systems Inc.
8,M, REOUEST FOR FINAL PAYMENT/CURRIE SCHNEIDER ~$$0~IATES;
~Approve final ~payment in the amount of $640.00 to Currie Schnei-
der~Associates ~for architectural services during construction of
Fire Station Headquarters; with funding from 1992 Bond Anticipa-
tion Note - Central Fire Station (Account #227-2311-522-61.56) in
the amount of $454.69, and Decade of Excellence Phase I - Central
Fire Station (Account No. 225-2311-522-61.56) in the amount of
8.N. NOMINATION OF ATTORNEY ERIC HIGHTOWER TO THE PALM BEACH
COUNTY CRIMINAL JUSTICE COMMISSION; Approve nomination of Police
Legal Advisor Eric Hightower to the Palm Beach County Criminal
Justice Commission which studies the criminal justice and crime
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prevention systems, and makes recommendations to the Board of
County Commissioners on policies and programs.
~8.O. RESOLUTION NO. 15-94: A Resolution assessing costs for ~
abatement action required to demolish unsafe structures at
102-128 S.W. 13th Avenue (Lots 13-19, inclusive, Lincoln Atlantic
Park Gardens).
The caption of Resolution No. 15-94 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, AND DECLARING SAID LEVY TO
BE A iLIEN UPON THE SUBJECT iPROPERTY
UNPAID ~ASSESSMENTS; PROVIDING FOR THE MAILING
OF NOTICE.
(Copy of Resolution No. 15-94 is on file in the offi-
cial Resolution Book)
8.P. SETTLEMENT OFFER/KIRK COOK V. CITY QF DELRAY BEACH;
Reject an offer of settlement in the amount of $35,000.00 for
Kirk Cook v. City of Delray Beach.
8,Q. SETTLEMENT 0FFER/R0$ENBERG V, CITY OF DELRAY BEACH:
Accept settlement offer in the amount of $49,000.00 for Rosenberg
v. City of Delray Beach.
8,R, AWARD OF BIDS AND CONTRACTS:
1. Bid Award - South Swinton Avenue Road Reconstruc-
tion (Southridge Road to S.W. 10th Street) - to
Asphalt Construction of Palm Beach, Inc. in the
~ ~..~ · ~ amount ~of $159,788.00; with funding~ from General
Construction Fund - Swinton Avenue
(Southridge-S.W. 10th Street) (Account
#334-3162-541-63.14) in the amount of $116,898.00
(pending budget transfer), and Water and Sewer
Renewal and Replacement - South Swinton (Account
#442-5178-536-61.48) in the amount of $42,890.00.
2. Purchase Award - Police Department telephone
system upgrade - AT&T (sole source vendor) in the
amount of $16,345.00; with funding from Police
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Support - Computer Equipment (Account
#001-2113-521-64.11).
.~ ~ ~ 3 Bid Award - Plumbing Services and Repairs - Term
Contract - Primary contractor E.C. Stokes Mechani-
cal Contractor, Inc.; backup contractor Myers
Plumbing Company, Inc., in the estimated annual
amount of $13,240.00; with funding from various
departmental building maintenance line items.
Mr. Ellingsworth moved approval of the Consent Agenda,
as amended, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9. Regular Agenda:
9.A.A.¢8.A.) INITIATION OF REZONING/LAKEVIEW .~OLF. QOURSE:
Initiate a rezoning of the lakeview Golf Course from R-1AA and
R-1AAA-B (Single Family Residential) to OS (Open Space).
..... Mayor .Lynch ~commented that everyone ~had probably re-
ceived~the same letter from a group,of attorneys representing the
clients. Since this is a rezoning, issue and quasi-judicial, he
would like to give this to the City Clerk and have her enter it
in the record as part of the documents received. It is his feel-
ing that, since both parties were thinking of purchasing the golf
course some time ago, he feels it would be worthwhile to have
staff meet with the owners to learn if there is any further
interest on their part before the City proceeds.
The City Attorney stated this is only an initiation of
the rezoning and if the Commission would like to postpone the
vote, it can be done. Otherwise, it will direct the vote to
initiate the rezoning and the item will then come back to the
Commission for First Reading.
Dr. Alperin moved to initiate the rezoning of the
Lakeview Golf Course from R-1AA and R-1AAA-B (Single Family
Residential) to OS (Open Space) with direction to staff to also
.discuss the~.situation~further with the owners, seconded by Mr.
Randolph. 'Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin
-.Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
9.A, REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIQN$ OF
VARIOUS BOARDS; Consider accepting the actions and decisions
made by the Planning and Zoning Board, Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period January 24, 1994, through February 4, 1994.
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Dr. Alperin moved to receive and file this report, with
~the~ exception of Item- No. 3 (Conditional Use Modification for
Delray~Square Bingo) which he would like brought back for discus-
sion at the next Regular meeting on February 22, 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. REQUEST TO WAIVE REQUIREMENT TO PROVIDE CURBING/EXPRESS
CAR WASH: Consider a request from Express Car Wash for a waiver
of LDR Section 4.6.16(E)(3) which requires that all landscape
areas must be protected from vehicular use areas with
nonmountable curbing. Site Plan Review and Appearance Board
recommends approval.
Mayor Lynch commented that he feels this waiver will
not adversely affect the neighboring area, diminish the provision
of public facilities, create an unsafe situation or result in the
granting of a special privilege and he feels comfortable in
supporting all four (4) issues.
Dr. ~Alperin questioned if curbs are required, in.the new
~LandscaPe ordinance. David Kovacs, Planning Director, responded
that. the City has always required curbs so that.vehicles maneu-
vering within the area do not drive onto the grassed areas.
Dr. Alperin feels the area in the rear of the business
does not warrant curbing, as it will be used mostly by the em-
ployees. He continued his objection to the waiver as another
concession, in addition to a major concession previously granted
to this applicant by the Commission, and is concerned about
setting a precedent.
Mrs. Smith commented that she does not feel an employee
is going to be more careful than the general public and does not
understand why it will not be advantageous to have the curbing.
Mr. Randolph questioned if the site drainage will be
enhanced with the elimination of curbing. Mr. Kovacs responded
that it will be if there is nothing to impede the flow going into
an area that is to be. enhanced. But it does not mean that it
will be trouble free; there can still be weepholes and breaks in
the area.
Mrs. Smith moved to deny the request for waiver from
the Express Car Wash, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Mrs. Smith - Yes; Dr. Alperin -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch -
No. Said motion passed with a 4 to ! vote.
9.G. FUNDING REOUEST/DELRAY BEACH TENNIS PATRONS
ASSOCIATION: Consider a request for funding in the amount of
$1,000.00 from the Delray Beach Tennis Patrons Association to
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assist in the formation of a youth tennis program. Funding. is
available from Delray Beach Patrons (Account
#001-6311-562-82.11), pending budget transfer from City Manager's
Contingency(Account #001-6111-519-99.02).
Mr. Ellingsworth moved approval of the funding request,
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.
9.D, LAKE IDA ROAD/LETTER TO COUNTY REGARDING REMOVAL OF
NEWLY INSTALLED TREES IF. NEEDED U~0N ROAD WIDENIN~ Considera-
tion of commitment to remove or relocate the trees installed on
Lake Ida Road, west of Congress Avenue, upon notification to do
so by Palm Beach County in the event of future road widening, and
authorize City Manager to forward letter affirming same to the
County.
Mayor Lynch stated that at the time Alice Finst asked
the Commission to install this landscaping, it was his under-
standing~ that .the. expansion of the road-would be taken into
consideration with the trees being placed back.far enough that
there would be no problem. He now understands that was ~not done.
Lula Butler, Director of Community Improvement, stated
they tried to avoid putting the trees into areas that they
thought would be in conflict, but existing communities also had
to be considered along Lake Ida Road and the landscape already in
place. Part of the goal was to create a tree line and that could
not be done unless some of the improvements were placed in the
right-of-way area.
Mayor Lynch questioned how many trees are involved that
will need to be moved. Ms. Butler responded that she does not
recall the exact number, but the project is not complete at this
time.
Mrs. Smith suggested that the area still needing trees
be looked at more closely prior to planting.
Dr. Alperin ~moved. approval of authorizing the City
Manager. to forward a letter of affirmation, seconded by Mrs.
Smith. Upon roll call the Commission voted as follows: Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Mrs.
Smith - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to 1
vote.
SWINTON AVENUE BEAUTIFICATIQN - QHANSE QRDER
#3/AMERICAN LIGHTING MAINTENANCE, INC.: Consider Change Order
No. 3 in the amount of $3,597.95 to the contract with American
Lighting Maintenance, Inc. for the Swinton Avenue Beautification
Project to install an additional 227 irrigation heads to provide
coverage to the sod within the swale areas; with funding from
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Decade of Excellence Phase II - Swinton Avenue Beautification
(Account~#228-4141-572-61.48).
The City Manager stated there is no other Dlace in the
City where the swales are maintained. The Landscape Architects
and staff have worked with property owners to try and solicit
their cooperation, but they have not been as successful as was
anticipated. They feel the only way to have consistent mainte-
nance in this area is for the City to install the sprinkler heads
and maintain the sprinkler system. The cost for installing the
sprinkler heads and the maintenance thereof has been reworked and
is now estimated at $2,000 a year. This could be raised with a
.5 mil tax if a Safe Neighborhoods District is set up. The City
Manager recommended approving the change order and directing
staff to initiate establishing a Safe Neighborhoods District so
the abutting property owners would be required to pay for mainte-
nance. This can be done through a front-foot assessment or a
millage. He is concerned about establishing a precedent for the
City to maintain swales along the road.
Upon question as to the source of water, Ms. Butler
~advised~that the irrigation system using City water is already~iin
place. Ms. Butler also stated the establishment of a taxing
district whereby the property owners would pay for this was..not
discussed
Upon question by Mayor Lynch, Ms. Butler stated this is
basically an Historic District and there is no formal Homeowners
Association in place.
Mr. Ellingsworth moved approval of Change Order #3 with
American Lighting Maintenance, Inc., subject to the City pursuing
a taxing district, seconded by Mrs. Smith. Upon roll call the
Commission voted as follows: Mr. Randolph - No; Mayor Lynch -
No; Mrs. Smith - Yes; Dr. Alperin - No; Mr. Ellingsworth - Yes.
Said motion FAILED with a 3 to 2 vote.
9.F. REOUEST FOR FINAL.PAYMENT/$~I, NICHOLAS,
Consider a request from S.I. Nicholas, Inc. for final payment in
the amount of $81,491.04 for completion of the Fire Department
Headquarters project; with funding from Decade of Excellence
Phase II - Central Fire Station (Account #228-2311-522-61.56) in
the amount of $76,300.51, and Water and Sewer Renewal and Re-
placement - Fire Hydrant Replacement (Account
#442-5178-536-61.77) in the amount of $5,190.53.
Dr. Alperin moved approval of the request for final
payment to S.I. Nicholas, Inc., seconded by Mr. Randolph. 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.G. CHANGE ORDER NO. 5/CHAZ EOUIPMENT CO.. INC,; Consider
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Change Order No. 5 in the amount of $27,192.50 and a time exten-
sion of fourteen (14) calendar days to the contract with Chaz
Equipment Co., Inc. for emergency replacement of two water main
crossings and the remainder of the 6-inch cast iron water main on
Vista Del Mar; with funding from Water and Sewer Renewal and
Replacement - Water Distribution Improvements (Account
#442-5178-536-61.78).
Mr. Ellingsworth moved approval of Change Order No. 5
with Chaz Equipment Co., Inc., seconded by Dr. Alperin. 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.
Before roll call the following discussion was held:
Mayor Lynch expressed disappointment with the time
frame and the fact that it must be extended two more weeks. In
the future, he would like these projects started in the off-sea-
son whenever possible.
.Mrs. Smith voiced her agreement with Mayor Lynch,
especially in'reference to the beach area. She questioned if the
entire circle is to be taken care of while the roads are dug up,
or if~the City will. be returning at a later date to repair.~the
remainder.
The City Manager responded that what this change order
does is replace an existing water main located in the street that
goes about a quarter of the way around the circle. The homes
along the street are served from a water line that runs along the
rear lot line which the City had not planned to replace at this
time. To complete the entire circle would cost approximately
$90,000 and the money is not now available. The only solution
that would take care of the entire circle at this time would be
to reject the bids for a contract in the northwest area that has
not been awarded, which includes Swinton Circle, N.E. 14th
Street, N.W. 9th Street, N.W. 2nd Avenue, 13th Street, Lake Drive
and Pine Lane, and delay that work for one year. Discussion
followed.
Mayor Lynch suggested that perhaps a portion of the
northwest project could be taken care of, thereby allowing the
entire circle to be completed, with the remainder of the north-
west section to be completed at a later date. It was the consen-
sus of the Commission to have the City Manager look at the possi-
bility of delaying a portion of the work in the northwest area in
order to release sufficient funding to complete the work on Vista
Del Mar. The City Manager advised that a subsequent change order
to accomplish this would be brought back at a later meeting upon
finalization of the details.
At this point the roll was called to the motion.
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9.H. CHANGE ORDER NO. 2/HARRY PEPPER. ANQ ASSOCIATES. INC.:
Consider Change Order No. 2 to the contract with Harry Pepper and
Associates, Inc. for miscellaneous changes to the In-line Master
Pump Station and Transmission System Improvements project. No
additional funds are involved. A seven (7) calendar day exten-
sion to all milestone dates for all work except Lift Station 18
is included, as is a thirty (30) day extension for the construc-
tion of revised Lift Station 18 for substantial and final comple-
tion dates only. Funding for this project is from 1991 Water and
Sewer Bond Construction Fund - Master Sewage Lift Station (Ac-
count #447-5166-536-60.31).
Mr. Randolph moved approval of Change Order No. 2 with
Harry Pepper and Associates, Inc., seconded by Mr. Ellingsworth.
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~I, REOUEST REJECTION OF BIDS/FURNISH AND INSTALL STREET
SIGNS - TERM CONTRACT: Consider rejecting all bids for the
proposed contract to furnish and install street signs, revise
........ specifications.and.re-bid the contract. ~!
Mr. Ellingsworth moved approval of the rejection of all
bids for the contract.-to furnish and install..street .signs, sec-
onded by Mr. Randolph. 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,J. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS;
Appoint a member (sign contractor) to the Board of Construction
Appeals to fill an unexpired term ending August 31, 1995.
Mayor Lynch expressed a desire to have Donald MacLaren
appointed to the Board of Construction Appeals.
Mr. Ellingsworth moved to appoint Donald MacLaren as a
member to the Board of Construction Appeals, seconded by Mr.
Randolph. 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.
At this point the Commission moved to the First Read-
ings portion of the Agenda.
12. First Readings:
12.A. ORDINANCE NO. 4-94: An ordinance rezoning properties
located east of Seacrest Boulevard, immediately south of and
adjacent to Atlantic High School (N.E. 22nd Lane), from NC
(Neighborhood Commercial) District to R-1AA (Single Family Resi-
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dential) District. If passed, public hearing on February 22,
1994.
The City Manager presented Ordinance No. 4-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ZONING AND
PLACING LAND PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT IN R-1AA (SINGLE FAMILY
RESIDENTIAL) DISTRICT; SAID LAND BEING LOCAT-
ED AT THE NORTHEAST CORNER OF THE INTERSEC-
TION OF N.E. 22ND STREET AND SEACREST BOULE-
VARD; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1993"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
T~e City Attorney read the caption of the ordinance.
Dr. Alperin moved for the adoption of Ordinance No.
4-94 on First Reading, 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. .i
12.B. ORDINANCE NO. 5-947 An ordinance modifying the
Community Redevelopment Plan for the City of Delray Beach to
account for certain changes which have occurred since the last
amendment of the Plan, to account for modification or completion
of project components, and to provide for the addition of several
new programs to the Plan. If passed, public hearing on February
22, 1994.
The City Manager presented Ordinance No. 5-94:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE
COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF
DELRAY BEACH, FLORIDA, IN ITS ENTIRETY;
FINDING THAT THE MODIFICATION CONFORMS TO THE
COMMUNITY REDEVELOPMENT ACT OF 1969, AS
AMENDED; FINDING THAT THE MODIFICATION IS
CONSISTENT WITH THE CITY OF DELRAY BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER FIND-
INGS PURSUANT TO THE APPLICABLE REQUIREMENTS
OF FLORIDA STATUTES SECTION 163.360(6)(7);
PROVIDING A SAVING CLAUSE AND AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Dr. Alperin commented that he would like to see this
item placed on the Workshop agenda of next week and requested
representation by the CRA. He expressed concern regarding some
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of the changes that he had noted while reviewing the backup
material and asked for input from the CRA to help enhance commu-
nication and answer questions regarding these changes.
Mrs. Smith agreed with Dr. Alperin and also suggested
that agendas be shared between the City Commission and the CRA to
help in keeping everyone informed.
Dr. Alperin itemized specific issues that he feels are
critical at this time and need to be discussed, such as Afford-
able Housing, TIFs, the Parking Plan and the Carver Reuse. He
also stated that he would like to see the results of the West
Atlantic Visions report and the costs involved.
It was the consensus of the Commission to place this
item on the Workshop meeting to be held on February 15.
Dr. Alperin moved for the adoption of Ordinance No.
5-94 on First Reading, seconded by Mr. Randolph. 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.
At this point, the time being 7:05, the c°mmissi°n
moved to the Public Hearings portion of~the Agenda.
10. Public Hearings:
10.A. ORDINANCE NO, 3-94: An ordinance amending Article 8.4,
"Public Improvements and Special Assessments", of the Land Devel-
opment Regulations to provide for special assessments for street
lighting, landscaping, dredging of canals and seawall construc-
tion or reconstruction, and providing for the inclusion of the
cost of landscaping and street lighting with sidewalk construc-
tion and seawall construction or reconstruction. City Manager
recommends approval. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The City Manager presented Ordinance No. 3-94:
AN~ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 8.4, "PUBLIC IMPROVEMENTS AND SPECIAL
ASSESSMENTS" OF THE LAND DEVELOPMENT REGULA-
TIONS OF TH~ CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 8.4.1, "AUTHORITY TO MAKE
SPECIAL ASSESSMENTS; EXCEPTIONS", TO PROVIDE
FOR SPECIAL ASSESSMENTS FOR STREET LIGHTING,
LANDSCAPING DREDGING OF CANALS AND SEAWALL
CONSTRUCTION OR RECONSTRUCTION; AMENDING
SECTION 8.4.4, "RESOLUTION OF NECESSITY
REQUIRED", TO PROVIDE FOR THE INCLUSION OF
THE COST OF LANDSCAPING AND STREET LIGHTING
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WITH SIDEWALK CONSTRUCTION AND SEAWALL CON-
STRUCTION OR RECONSTRUCTION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 3-94 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 public hearing was closed.
The City Attorney stated that the City Commission can
enact special assessments without a petition or vote by persons
being assessed. The only thing this ordinance does is to add a
few other amenities to the existing list, some of which are
included in the State Statute.
Dr. Alperin moved for the adoption of Ordinance No.
3-94 on Second and FINAL Reading, 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
10.B. SIGN CODE WAIVER/BORROW BROTHERS: Conduct a public
hearing and consider a request for waiver of LDR Section
4.6.7(E)(7) which provides that a flat wall sign may not exceed
fifteen percent (15%) of the building face. Applicant (Borrow
Brothers, 320 N. Congress Avenue) is seeking a waiver to allow a
65 sq.ft, sign (13' x 5') instead of the 54 sq.ft, sign allowed
by code. Site Plan Review and Appearance Board (3-2 vote) recom-
mends approval, subject to conditions; staff recommends denial.
Prior to consideration of this request, a public hearing has been
scheduled to be held at this time.
Ms. Butler explained that the problem is that the sign
Borrow Brothers is requesting is larger than the Code allows for
their building size. They have a sign that was on a former
building in west Boca Raton that they would like to move to their
present business location in Delray Beach.
Scott K~ginm~n, owner of Borrow Brothers, stated the
Site Plan Review and Appearance Board agreed to allow the sign if
certain verbiage were removed, which he has agreed to do. This
sign has cost him a great deal of money and he feels the City is
causing a real hardship by not allowing him to use it.
The public hearing was closed.
Upon question by Mr. Ellingsworth, Ms. Butler responded
that the sign contractor indicated that the size of the sign
could be reduced, but it will cost the owner to have this done.
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Dr. Alperin again expressed concern with regard to
setting a precedent.
Dr. Alperin moved denial of the request for waiver,
seconded by Mr. Lynch (passed the gavel to Vice-Mayor
Ellingsworth in order to second the motion). Upon roll call the
Commission voted as follows: Vice-Mayor Ellingsworth - Yes; Mr.
Randolph - No; Mr. Lynch - Yes; Mrs. Smith - Yes; Dr. Alperin -
Yes. Said motion passed with a 4 to 1 vote.
11. Comments and Inquiries on ~on-Agenda Items from the
Public - Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
ll,A.1. The City Manager stated there was a suggestion at the
last meeting about some additional parks being created in the
Delray Shores area. The City has some dead end streets that run
to the canal that could be developed into some mini parks. Joe
Dragon, Assistant Director of Parks and Recreation, met with Mr.
Simmons~and~discussed location. Mr. Simmons was referring to
vacant area .behind the Winn-Dixie supermarket .that was recently
rezoned for apartments. This would be a great.idea but, in
..addition to being rather expensive, it does not.happen to~ be a
part of the City's Comprehensive Plan. Further investigation can
be conducted regarding the possibility of some mini parks but the
large park that currently serves that area is Barwick Park.
Mayor Lynch, upon confirmation that Delray Shores has a
Neighborhood Association, suggested that they be allowed to
review this idea and submit recommendations to the City. The
Commission concurred.
ll.B. From the Public.
ll.B.1. Lillian Feldman, resident, stated there are two houses
that are very unsightly at the corner of 10th Street and Swinton
Avenue. Some time ago she lodged a complaint with the Code
Enforcement Board and to date nothing has been done. The house
on the corner appears to grow plants, but there is vegetation in
front of. the plants that is not cared for. The house next to it
.has cement in front of the house that is neither swept nor washed
down. She would like someone to look into this condition.
Ms. Feldman commented that a left turn signal is needed
badly on Atlantic Avenue, west of Barwick Road, at the entrance
into the Barnett Bank Building. The City Manager advised that it
has been referred to the County and they did respond to the City,
but he does not recall the response. He will have an answer for
her at the next meeting.
Ms. Feldman questioned if the widening of Atlantic
Avenue from 1-95 west is scheduled to begin on March 1st as
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scheduled. The City Manager responded that it is, to his knowl-
edge.
Richard Eckerle stated the left turn signal at the
Barnett bank will be taken care of at the time of the widening
construction. In addition, there are plans to install a second
traffic light at the entrance to the shopping center.
ll~B~2~ Arthur Jackel, Chairman of United Property Owners,
congratulated the three incumbents who qualified today and wished
them good luck.
Mr. Jackel commented that there are many departments in
the City that everyone can be proud of. Due to the efforts of
Lula Butler, Director of Community Improvement, this department
is beginning to shine, which he feels is a big accomplishment for
the City.
Mr. Jackel stated just as the City Manager is responsi-
ble for staff, the Commission is responsible for the volunteer
Boards. One board that he feels needs a push is the Code En-
forcement Board A case that came before the Board several
months ~ago, dealing with the commercial building on Lake ~da
Road, ~is constantly~being~postponed with the latest postponement
to. February 25th. · He feels it would be wise for the Commission
to stiffen the resolve of that board and tell them no more post-
ponements. If the property owner does not comply by February
25th, he recommends a heavy daily fine. If not paid, a lien
should be placed on the property and finally, foreclosed. He
feels the Commission and Board have been far too patient.
Mr. Jackel stated a few weeks ago he reminded the
Commission that the CRA is their responsibility and they should
take stock of the pluses and minuses of this agency. It is his
suggestion that they take a good hard look and do it now before
others do it for them. It is supported by tax dollars and should
be a major concern for the Commission.
ll,B,$. Tom Haenlon, 301 N.E. 6th Avenue, stated he was not
present at the Town Meeting, but he has a prepared statement he
would like to share at this time. He began by stating that much
has been accomplished in the municipality.of Delray Beach this
past year, and he feels the greatest accomplishment was the
result of citizen participation in the acquisition of the All
America City Award of 1993. Many citizens present tonight are
responsible for this honor and helped to bring an award to the
City. He stated he wears the pin and has the All America license
plate on his car in their honor. At one time there was a banner
hanging in the Chambers and he would like to see it hang there
for the rest of the year.
He further stated that the citizen meeting at the Crest
Theater was not assembled for back slapping or grandiose compli-
ments for past achievements, but for a summation of suggestions
-15- 2/08/94
relative to improvements, of municipal services and/or further
~citizen involvement. -For Consideration he would like to put
forth the following suggestions:
1) Repair and replacement of refuse and bench emplacements
along downtown Atlantic Avenue between Swinton Avenue and the
Atlantic Avenue bridge. First the City Manager protested that
they did not belong to the City but were purchased by the DDA
many years ago at a cost of $400 for the receptacles and $600 for
the benches. Finally this past year the Commission acquiesced in
accepting them as a City responsibility, but still no repair.
Perhaps nothing has been done since their repair had not been
included in the Decade of Excellence.
2) One change he would like to see is at the time flower-
ing plants are replaced along downtown Atlantic Avenue, the old
plants should not be removed until the new replacement ones are
purchased and available to plant. Once this is accomplished, he
feels the process should begin at the intersection of 4th and
Atlantic, removing the old and replacing them with new plants
immediately; then continuing progressively east and west.
3) One area which causes him much concern and the concern
of many others, .are some of the prOjects of the CRA, particularly
.the cost of some~of the programs..For example, the ihat~trick~on
top of the bridge guard shack at a cost of $30,000 is pretty, but
unnecessary to most. Next, he objected to the parking lot at
N.E. 1st Avenue and N.E. 2nd Street at a cost of $35,000 and
taken off the tax rolls; and, $80,000 to construct a parking
facility in which 25 cars can be accommodated. He wondered why
it was put there until he saw the construction that is going on
for the past month-plus at N.E. 1st Avenue. None of the cars can
get home, so they use the parking lot and now he knows why it was
put there. He would suggest greater oversight by the Commission
of the CRA, who seemingly do anything, anytime regardless of
cost. The $275,000 expense for the old Williams building and the
Ken & Hazel facility, plus the building south of Veterans Hall,
was a very costly investment and the CRA has yet to purchase the
Carter Eye Care building and the VFW hall. All of this is for
the projection of a downtown theater which he is sure will never
come to fruition. Indeed, much more could be expressed on this
matter, but suffice it to.add that this Commission should insist
that all.chairmen and all directors of City Boards be impressed
that they are the citizens' servants, not their masters.
~l,B,4. Jerry M~r~hall, stated he would like to second the
commendation that the Commission has received by running unop-
posed, in terms of what they have done during the past years, and
added that he expects nothing less in the next couple of years.
Mr. Marshall commented that while driving along West
Atlantic Avenue, just east of 1-95, he noticed that there is some
open land and he questioned whether it is owned by the City or
private individuals. There seems to be a lot of people hanging
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out in that area. He asked if it would be possible to place
concrete checkers and chessboards with tables and benches on that
land so it can be used during the day as a focal point of activi-
ty rather than having people hanging around the corner and get-
ting into trouble. A lot of cities do this in their parks and
these look like parks to him.
The City Manager advised that this is State-owned
property. Mayor Lynch stated he feels it would go against the
Delray Merchants Association who have been working diligently to
remove the loitering and get these problems off the street.
ll.B.5. Lucius Simmons, 2920 Dolphin Drive, reiterated his
request for establishing a park in the area behind the Winn-Dixie
building to be made into a park for the residents of Delray
Shores.
Mayor Lynch advised Mr. Simmons that the City Manager
responded to his comments earlier in the evening before he ar-
rived. Basically, the land is privately owned, has been rezoned
and was approved for an apartment complex about six months ago.
~It would be~a substantial investment for ~the City, funds, that do
not happen to be~ available in the budget. It was recommended
that some of the parks in the Delray Shores area be looked at,~by
the Delray Shores Neighborhood ~Association which is made up~.~"of
the citizens who live in the area and allow them to submit ideas
for what they would like to see happen in their area.
13, Com~_ents and Inquiries on Non-Agenda Items.
13.A.1. Dr. Alperin stated he was very impressed at the Educa-
tion Board meeting held yesterday and amazed to see that the
School Board is finally presenting proposed projects to the City
for the reuse of Carver Middle School. They are excited about
being able to combine so many services for the community at one
site.
Dr. Alperin commented that the Drug Task Force will be
bringing a project to the Commission sometime in March that is
currently somewhat existent in Riviera Beach and West Palm Beach
to establish a Saturday morning Court for the City of Delray in
order to voluntarily commit, drug abusers for treatment. Funding
has become~available and the City is preparing to make good use
of it.
13.A.2. Mrs. Smith stated she feels that Tom Haenlon's idea of
placing an All America City banner in the Commission Chambers is
an excellent idea.
Mrs. Smith complimented Kappa Alpha Psi Fraternity for
adopting Lake Ida Road and their cleanup crew for the good job
they are doing.
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Mrs. Smith expressed her thanks to the Education Board
and ~.Assistant City Manager Barcinski for the annual Education
Expo this past weekend. From all indications, she feels it was a
huge success and she enjoyed it.
13.A.3. Mr. Ellingsworth complimented the incumbents on their
election and feels that having no opposition is a testimonial to
the fine job they are doing.
Mr. Ellingsworth expressed his gratification with
regard to the Carver Reuses being considered by the Education
Board at the meeting last night. He presented a list of uses
that are being considered and asked the City Manager to distrib-
ute them.
Mr. Ellingsworth questioned if a left turn lane is
being considered with the widening of W. Atlantic Avenue at
Homewood Boulevard at the entrance into the new golf facility.
The City Manager responded that there is a left turn signal there
now, but it takes a two-car backup to activate it. However, the
cycle will change with the completion of the new road.
13.A.4, Mr. Randolph commented that he ~has been observing the
non-activity taking place at the location of the metal ~building
on Lake Ida Road and N.,W. 10th~ Street, This. building .is.~'.an
eyesore; however, he did see some cleanup activity earlier in the
week. He questioned what other uses are available for this
facility other than the original use of boat storage. Along the
same line, he is also concerned about the entrance way to the
Isles of Delray. He feels either the property owners, or some-
one, needs to redo the sign if it is to remain or make that area
a little more attractive along Lake Ida Road.
Mr. Randolph responded to the flowering plant issue
brought up by Mr. Haenlon by stating that in some of the areas of
the City where a great deal of funding has been expended, espe-
cially in the medians on Atlantic Avenue, citizens cut through
those plantings which result in trails being made through the
landscaping. He feels somewhere along the way an additional
amount of heat is going to be needed to discourage some of the
activity in this area. He also suggested looking very carefully
at~a situation whereby checkers and chessboards are to be placed.
13.A,~, Mayor Lynch stated that families do a lot of fishing
off the 8th Street Intracoastal Bridge and cars are being parked
on either side in the grass creating a potential hazard. He
questioned if "No Parking" signs could be installed on the grass
to discourage this.
Mayor Lynch stated that Mt. Olive Church is having a
program on Thursday, February 10, at 7:00 P.M. with the Police
Department to review the idea of paying for turning in guns for
replacement with food coupons, or whatever, and they would like
the Commissioners to be present if possible.
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Mayor Lynch stated that Jim Smith, gubernatorial candi-
date, will be presenting his stance on crime on Thursday, Febru-
ary 10, at 2:30 P.M. Hopefully, this will take place in front of
the substation on 12th Street. He feels it is an honor that Mr.
Smith chose the City of Delray for this purpose and hopes for a
good attendance.
Mayor Lynch commented that he and the City Manager will
be doing their State of the Union "roadshow" for the Chamber of
Commerce on Thursday morning, February 17th. If anyone has any
ideas they would like to hear expressed, contact either of them
in order that they might be better prepared to represent those
views accurately.
13.B~ The City Attorney had no comments or inquiries.
13.Col. The City Manager stated the City is approaching the end
of negotiations on the Union contracts and he would like to
schedule an Executive Session with the Commission to review the
City's position and discuss how to conclude these negotiations.
Mayor Lynch suggested the meeting be scheduled for 5:00 P.M. on
Tuesday,~February 15th. The Commission concurred. .~
Mayor. Lynch questioned if the Workshop meeting is still
scheduled~for March 1st. The City_Manager suggested that the
meeting be rescheduled to March 15. The Commission concurred.
Dr. Alperin questioned if the meeting originally sched-
uled for March 9 due to the election could now be rescheduled for
March 8. Mayor Lynch responded that since no election will be
held, the Regular meeting will be rescheduled to March 8.
The City Manager commented that when the Lakeview Golf
Course was discussed at the last worksession, there was interest
in further exploration of the possible development of a golf
course on the thirty-seven (37) acres north of Atlantic Avenue.
A proposal has been received from Brahm Dubin to do an estimate
on the cost of construction and a business plan similar to what
he did for Lakeview Golf Course. There has been talk of split-
ting the cost with Mr. Shed which would result in a cost of
approximately $2500 each. He feels it would be appropriate to
proceed, with funding to come from the golf course fund.
The Commission concurred to go with the suggestion made
by the City Manager regarding the proposal from Brahm Dubin and
splitting the cost.
Mayor Lynch declared the meeting adjourned at 7:55 P.M.
- - c tM
-19- 2/08/94
ATTEST'
The undersigned is the City Clerk of the City of Delray
Beach and that the information provided herein is the minutes of
the meeting of said City Commission of February 8, 1994, which
minutgs were formally approved and adopted by the City Commission
-- ' ~City Clerk ~
NOTE TO READER: .~'
If the minutes that you have received are not completed as indi-
cated above, then this means that these are not the official
minutes of the City Commission. They will become the official
minutes only after they have been reviewed and approved which may
involve some amendments, additions or deletions to the minutes as
set forth above.
-20- 2/08/94