04-14-92 APRIL 14, 1992
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 6:07 P.M., Tuesday, April 14, 1992.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews (Arrived at 6:17 P.M.)
Commissioner Armand Mouw
Commissioner David Randolph
Mayor Thomas E. Lynch
Absent - None
Also present were - City Manager David T. Harden and City Attorney Jeffrey S. Kurtz
2. The opening prayer was delivered by Chaplain Richard Evans,
Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Dr. Alperin moved for approval of the Agenda, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr. Mouw -
Yes; Dr. Alperin - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
5. Mr. Randolph moved for approval of the minutes of the Regular
Meeting of March 24, 1992, seconded by Dr. Alperin. Upon roll call
the Commission voted as follows: Dr. Alperin - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 4 to 0
vote.
Before roll call the following discussion was had:
Mayor Lynch stated he would like to add a comment in reference
to The Grove Project (Item 9.B. on Page 6 of the Regular minutes dated
March 24, 1992) by advising that he had purchased an insurance agency in
January of 1992 from the son of the man presenting the project. This
son is an employee of Mayor Lynch; however, he has no interest in the
above-mentioned project and, therefore, he sees no conflict of interest.
But should anyone see a perception, he feels it should be brought before
the Commission.
The City Attorney advised, upon discussion with Mayor Lynch,
that if there is a potential for a perception problem under the City's
resolution, he would be obligated to vote. Unless there is a conflict
of interest, as defined under the Florida Statutes, a situation must be
voted on. In his opinion, there is no conflict of interest under the
Florida Statutes.
At this point the roll was called to the motion.
Dr. Alperin moved for approval of the minutes of the Organiza-
tional Meeting of March 26, 1992, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor Lynch -
Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with a 4 to
0 vote.
Dr. Alperin moved for approval of the minutes of the Special
Meeting of April 1, 1992, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0
vote.
6. Proclamations.
6.A. Mayor Lynch read and presented a proclamation proclaiming the
week of April 5-11, 1992 as "National Library Week" and the weekend of
April 24-26, 1992 as "Bookfest Weekend".
6.B. Mayor Lynch presented a proclamation proclaiming the period of
April 30 through May 3, 1992 as "Days of Remembrance of the Victims of
the Holocaust".
6.C. Dr. Alperin read and presented a proclamation proclaiming April
26, 1992 as "Holocaust Memorial Day".
Mr. Andrews arrived at this time.
6.D. Mayor Lynch read and presented a proclamation proclaiming the
period of April 20 through 26, 1992 as "National Community Development
Week". Lula Butler, Director of Community Development, came forward to
accept the proclamation.
6.E. Mayor Lynch read and presented a proclamation proclaiming April
22, 1992 as "Earth Day" Joe Weldon, Director of Parks and Recreation,
came forward to accept the proclamation.
6.F. Mr. Randolph read and presented a proclamation proclaiming
April 24, 1992 as "Arbor Day". Joe Weldon came forward to accept the
proclamation.
6.G. Mayor Lynch read a proclamation recognizing Paul Constant, a
student at Atlantic High School, for his academic achievements and
positive contributions to the City of Delray Beach. Paul Constant came
forward to accept the proclamation and gave a brief explanation of his
project and his plans for the future.
7. Presentations.
7.A. Mr. Weldon introduced Commissioner Lennart Lindahl, repre-
senting Palm Beach County and David Roach from the Florida Inland
Navigational District. He advised that the Florida Inland Navigational
District was created in 1927 and provides all lands necessary for the
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operation and maintenance of the Intracoastal Waterway. In 1985 a
Waterway Assistance Grant program was initiated that has contributed
over 13 million dollars to 138 projects with a total cost of over 100
million dollars. The City of Delray Beach has been a recipient of two
of those grants.
Lennart Lindahl commended the City and its staff for the work
they accomplish in performing their obligations. He presented a check
to the Commission in the amount of $65,630 as the first installment of a
$157,500 grant.
7.B. Richard Overman, Chief of Police, recognized the following
persons with regard to their contribution in the expansion of community
policing: Harvey Laurie of Del Aire Country Club; Alan Moses and Sam
Schneider from Rainberry Bay Homeowners Association; Perry Don Francisco
and Helen Coopersmith from Delray Citizens for Delray Police. These
persons were presented with a printed token from the Police Department.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
8.A. Authorization to Submit Grant Application. The Commission is
to consider authorizing staff to submit a grant application in an amount
not to exceed $100,000 to the U.S. Department of Housing and Urban
Development (HUD) under the Hope 3 Grant program. Approval is recom-
mended.
8.B. Granting of Easement Deed. The Commission is to consider
granting an easement deed to Florida Power and Light to provide electri-
cal service to the North Water Storage Tank. Approval is recommended.
8.C. Ratification of Emergency Repair. The Commission is to consid-
er ratifying the emergency repair of a sewer line on S.E. 2nd Street
between Swinton Avenue and the FEC Railroad and approving payment in the
amount of $28,000 to Johnson Davis, Inc., with funding from Water and
Sewer Repair and Replacement Sewer System/Mains and Lines (Account No.
442-5178-536-60.66). Ratification is recommended.
8.D. Resolution No. 43-92. Resolution No. 43-92, amending Resolu-
tion No. 32-85 to clarify the Community Redevelopment Agency boundaries,
is before the Commission for consideration. Approval is recommended.
The caption of Resolution No. 43-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING RESOLUTION NO. 32-85, BY REPEAL-
ING SECTION 4 AND ENACTING A NEW SECTION 4, WHICH REFER-
ENCES AN AMENDED APPENDIX "A" WHICH DESCRIBES THE SLUM
AND BLIGHTED AREAS WITHIN THE CITY OF DELRAY BEACH, AS
REQUIRED IN FLORIDA STATUTES, CHAPTER 163, PART III:
PROVIDING AN EFFECTIVE DATE.
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(Copy of Resolution No. 43-92 is on file in the official
Resolution Book)
8.E. Resolution No. 36-92. Resolution No. 36-92, supporting the
concept of AMTRAK service from Jacksonville to Miami along the Florida
East Coast Railway corridor, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 36-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, SUPPORTING THE CONCEPT OF AMTRAK SERVICE
FROM JACKSONVILLE TO MIAMI ALONG THE FLORIDA EAST COAST
RAILWAY CORRIDOR.
(Copy of Resolution No. 36-92 is on file in the official
Resolution Book)
8.F. Resolution Nos. 37-92 Through 42-92. Resolutions No. 37-92
through 42-92, authorizing the execution of supplemental agreements with
the Florida Department of Transportation (FDOT) consenting to the
assignment of Pipeline Agreements with the Seaboard Coastline Railroad
Company (CSXT) to FDOT, is before the Commission for consideration.
Approval is recommended.
The caption of Resolution No. 37-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A POINT 481 FEET NORTH OF THE RAIL-
ROAD'S MILEPOST SX-987, DELRAY BEACH, FLORIDA, DATED JULY
20, 1976.
(Copy of Resolution No. 37-92 is on file in the official
Resolution Book)
The caption of Resolution No. 38-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A POINT 1,967 FEET SOUTH OF MILEPOST
SX-987, DELRAY BEACH, FLORIDA, DATED JANUARY 15, 1985.
(Copy of Resolution No. 38-92 is on file in the official
Resolution Book)
The caption of Resolution No. 39-92 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A LOCATION 1,958 FEET NORTH OF THE
RAILROAD'S MILEPOST SX-989, DELRAY BEACH, FLORIDA, DATED
OCTOBER 12, 1959.
(Copy of Resolution No. 39-92 is on file in the official
Resolution Book)
The caption of Resolution No. 40-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A POINT 1,682 FEET SOUTH OF MILEPOST
SX-989, DELRAY BEACH, FLORIDA, DATED OCTOBER 13, 1987.
(Copy of Resolution No. 40-92 is on file in the official
Resolution Book)
The caption of Resolution No. 41-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A POINT 1,930 FEET SOUTH OF MILEPOST
SX-987, DELRAY BEACH, FLORIDA, DATED MAY 14, 1971.
(Copy of Resolution No. 41-92 is on file in the official
Resolution Book)
The caption of Resolution No. 42-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF A SUPPLEMEN-
TAL AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION ("FDOT") CONSENTING TO THE ASSIGNMENT OF THE PIPE-
LINE AGREEMENT WITH THE SEABOARD COASTLINE RAILROAD
COMPANY ("CSXT") AT A POINT 1,971 FEET NORTH OF MILEPOST
SX-989, DELRAY BEACH, FLORIDA, DATED FEBRUARY 18, 1981.
(Copy of Resolution No. 42-92 is on file in the official
Resolution Book)
8.G. Resolution No. 34-92. Resolution No. 34-92, assessing the
costs for action necessary to remove 15 junked/abandoned vehicles on
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properties located within the City, is before the Commission for consid-
eration. Approval is recommended.
The caption of Resolution No. 34-92 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(Copy of Resolution No. 34-92 is on file in the official
Resolution Book)
8.H. Resolution No. 35-92. Resolution No. 35-92, assessing the
costs for action necessary to remove nuisances on 38 properties located
within the City, is before the Commission for consideration. Approval
is recommended.
The caption of Resolution No. 35-92 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 FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
(Copy of Resolution No. 35-92 is on file in the official
Resolution Book)
8.I. Award of Bids and Contracts. The Commission is to consider
award of the following bids and contracts with funding as indicated.
Approval is recommended.
1. 1992 Street Resurfacing Program - Hardrives Asphalt Co., in
the amount of $188,184 with funding from General Construction
Fund - Resurfacing (Account No. 334-3162-541-60.53).
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2. Gymnasium Floor Replacement - Community Center - Camaio
Surfaces, Inc., (via Palm Beach County School Board contract) -
in the amount of $41,230 with funding from Decade of Excellence
Bond Issue (Account No. 225-4125-572-61.57).
3. Site Plan Preparation - Leon Weekes Preserve - Florida
Atlantic University in the amount of $15,000 with funding from
Recreation Impact Fee Fund (Account No. 117-4169-572-33.19).
4. Housing Rehabilitation - as indicated below - with funding
from Community Development Block Grant - Housing Rehabilitation
(Account No. 118-1963-554-60.23):
-913 S.W. 4th Avenue - Henry Haywood - $14,341.95
-304 S.W. llth Avenue - Henry Haywood - $14,290.50
-605 S.E. 2nd Avenue - MJD Construction Services - $14,282.10
5. One (1) 3-Stage Air-Scrubbers - Environmental Services -
Davis Process in the amount of $39,500, plus $6,000 for mainte-
nance with funding from 1984 Water and Sewer Bond - 3 Stage
Poly Air Scrubber (Account No. 441-5162-536-61.16).
6. Alley Reconstruction Project - Environmental Services -
Jack Hardy, Inc., in the amount of $483,771 with funding from
Decade of Excellence Bond Issue Alley Reconstruction (Account
No. 225-3162-541-61.43/$366,557.50), Water and Sewer - Renewal
and Replacement water Meter Replacement Program (Account No.
442-5178-536-61.84/$93,454) and Community Redevelopment Agency
Reimbursement ($23,000).
7. Irrigation - Gulfstream Boulevard Beautification - Windmill
Sprinkler Company in the amount of $13,472.50 with funding from
1987 Utility Tax - Gulfstream Boulevard (Account No.
333-4141-572-61.38).
Dr. Alperin moved for approval of the Consent Agenda, seconded
by Mr. Mouw. Upon roll call the Commission voted as follows: Mr. Mouw
- Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes. Said motion passed with a 5 to 0 vote.
REGULAR AGENDA
9.A. Review of Appealable Land Development Actions of Various
Boards. The Commission is to consider accepting actions and decisions
made by the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period March 23,
1992 through April 10, 1992.
Dr. Alperin moved to receive and file the report, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
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9.B. Appeal of an Historic Preservation Board Decision. The Commis-
sion is to consider an appeal of an Historic Preservation Board decision
to deny a Certificate of Appropriateness for a six-foot chain line fence
at 310 N. Swinton Avenue.
The City Manager commented that staff agrees with the appli-
cant.
Diane Dominguez, Planning Department, stated this is an appeal
by Mr. Hoffman, the property owner, of a decision made by the Historic
Preservation Board, denying a Certificate of Appropriateness for a chain
link fence and gates that were installed without a permit. The owner
was cited by Code Enforcement. The City's design guidelines for Histor-
ic Districts state that chain link fences are generally inappropriate,
unless properly screened or not visible from the road. It was recom-
mended that it be replaced with a four-foot wood fence and gates.
Wayne Campbell, Vice-Chairman of the Historic Preservation
Board, stated the City design guidelines were taken into consideration
by the Board. The Board feels a wood fence is more appropriate with a
height of four feet.
Mr. Randolph expressed concern that, if this is allowed, it
will appear that the City is sanctioning this type of action; however,
he has concerns with the City Commission dictating to property owners
what they can and can not do on their property. He also commented about
the constant maintenance that will be required for a wood fence.
Mr. Mouw moved to deny the appeal, direct the applicant to
reapply for a permit for a six-foot wood fence and instruct the City to
issue a permit without penalty, seconded by Mr. Andrews. Upon roll call
the Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - No. Said motion passed
with a 3 to 2 vote.
Before roll call the following discussion was had:
Dean Hoffman, applicant, stated he will be agreeable with
anything the Board would like him to do.
Dr. Alperin stated he feels the Commission should either accept
or deny the appeal and send it back to the Board for a reasonable
decision.
At this point the roll was called to the motion.
9.C. Appeal of an Historic Preservation Board Decision. The Commis-
sion is to consider an appeal of an Historic Preservation Board decision
to approve the site plan for the Patio Shoppes.
Ms. Dominguez gave a brief explanation regarding the basic
issues that prompted the appeal.
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Discussion followed regarding parking, traffic, landscaping and
underground or overhead transmission lines. Mayor Lynch questioned if
the transmission lines were originally an issue in the appeal. The City
Manager stated that he had no knowledge of this and suggested that, if
there is a concern, it might be beneficial to remand it back to the
Historic Preservation Board for another look.
Ms. Dominguez stated the Historic Preservation Board listed
that issue as a condition on the site plan when it was approved.
Dr. Alperin moved for approval of the appeal with the two
easements (closure or partial closure of Palm Square and an accessway
through to S.E. 7th Avenue). Motion died for lack of a second.
Mr. Mouw moved for approval of the landscape waiver, as recom-
mended by the Historic Preservation Board and that any recommendations
made about burying the main transmission lines abutting this property be
dismissed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Lynch - No; Mr. Mouw - Yes;
Dr. Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 4 to 1
vote.
Mr. Mouw moved for approval of the site plan, as presented,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews -
Yes; Mr. Randolph - Yes. Said motion passed with a 3 to 2 vote.
Before roll call the following discussion was had:
Alieda Riley, resident, stated she would like to have the
parking issue and valet parking discussed; she also questioned whether
or not eight feet is enough space to load and unload trucks. Upon
question by Mayor Lynch, Ms. Dominguez advised that the parking meets
the Code in the Central Business District. There was some concern
regarding the number of trips to and from the site, but the traffic
study was refined and it met the traffic engineer's requirements.
At this point the roll was called to the motion.
At this point, the time being 7:00 P.M., the Commission moved
to the Public Hearings portion of the agenda.
PUBLIC HEARINGS
10.A. Ordinance No. 12-92. Ordinance No. 12-92, correcting the
zoning from RM (Residential Medium Density) zoning district to CF
(Community Facilities) zoning district for the parking area associated
with the Acura Automobile Dealership located on North Federal Highway,
is before the Commission for consideration on Second and FINAL Reading.
Special Adjustment Advisory Board recommends approval. Prior to consid-
eration 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. 12-92:
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFI-
CATION FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING LOCATED ON THE WEST SIDE OF N.E. 7TH
AVENUE, BETWEEN N.E. 6TH STREET AND N.E. 7TH STREET;
AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA,
1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 12-92 is on file in the official Ordi-
nance Book)
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Mr. Mouw moved for the adoption of Ordinance No. 12-92 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion
passed with a 5 to 0 vote.
10.B. Ordinance No. 13-92. Ordinance No. 13-92, rezoning the Ameri-
can Legion facility property located at N.W. 8th Avenue and Martin
Luther King Jr. Boulevard (N.W. 2nd Street) from R-lA (Single Family
Residential) zoning district to CF (Community Facilities) zoning dis-
trict, is before the Commission for consideration on Second and FINAL
Reading. Planning and Zoning ~Board 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. 13-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-lA (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING LOCATED AT THE SOUTHWEST CORNER OF N.W. 2ND
STREET AND N.W. 8TH AVENUE, AS MORE PARTICULARLY
DESCRIBED HEREIN; AND AMENDING "ZONING DISTRICT MAP,
DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
(Copy of Ordinance No. 13-92 is on file in the official Ordi-
nance Book)
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
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laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Mr. Randolph moved for the adoption of Ordinance No. 13-92 on
Second and FINAL Reading, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
10.C. Comprehensive Plan Amendment 92-1. The Commission is to
consider authorizing staff to forward Plan Amendment 92-1 to the State
Department of Community Affairs. Approval is recommended. Prior to
consideration of authorizing transmittal of Plan Amendment 92-1, a
public hearing has been scheduled to be held at this time.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mr. Randolph moved to authorize transmittal of Plan Amendment
92-1 to the State Department of Community Affairs, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Mr. Andrews -
Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin
- Yes. Said motion passed with a 5 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the Public.
ll.A.1. The City Manager stated an appraisal of the Lakeview Golf
Course has been ordered.
ll.A.2. The City Manager stated, in response to the status of the GAE
for the Central Business District, the application is before the Board
of County Commissioners as an amendment to the County Traffic Element
and a Public Hearing was scheduled for April 7th, or shortly thereafter.
Reviews by the Countywide Planning Council, Treasure Coast Regional
Planning Council and County Engineering have passed and the City has
received endorsement and support from all reviewers except the Depart-
ment of Transportation. The DOT has taken the position of questioning
or opposing all Geographic Area of Exception applications, stating they
do not conform to new rules being promulgated by DOT. Actual approval
of the GAE will not occur until the Plan Amendment package is adopted,
which is anticipated for September. The City needs to make an amendment
to the Traffic Element and portions of the future Land Use Element. The
City is now awaiting a completion of the plan by CRA and for them to
provide a lead to pursue the CBD development.
ll.A.3. The City Manager advised that the traffic counts have been
completed on Homewood Boulevard and the count north of Lowson Boulevard
was 6,802; south of Lowson Boulevard was 6,623 and that level does not
require four-laning. The future projections do not indicate there.will
be a need in the near future.
ll.B.1. Alice Finst, 707 Place Tavant, appealed to the Commission for
some type of continuity in the landscaping along Lake Ida Road,
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especially the area between Barwick Road and Congress Avenue. Mayor
Lynch stated that the area referred to is off the agenda and the County
does not plan to look at it until Atlantic Avenue has been widened. She
also requested that some type of regular mowing schedule be implemented
for the landscaping on Lake Ida Road.
ll.B.2. Lorraine Kasper, Spanish Trail, expressed dissatisfaction with
the current Noise Ordinance and feels there should be a penalty, a fine
or a ticket issued to discourage a repeat of the violation.
The City Attorney advised that there is a ticket violation that
can be issued. The City Manager stated he would look into this situa-
tion and get in touch with Ms. Kasper.
ll.B.3. Sheila Jaffe, Communications Director for South Palm Beach
County National Organization for Women (NOW), read a prepared statement
objecting to the tennis tournament being sponsored by Virginia Slims,
citing statistics regarding lung cancer and the number of young girls
that are becoming cigarette smokers.
ll.B.4. Jack Cannon, resident of Boca Raton, stated he would like to
remind the Commission that a few years ago Palm Beach County passed a
Clean Indoor Air ordinance. Delray Beach was one of two cities that
opted out of that ordinance, but later reversed this. He expressed
concern that the sponsor of the upcoming tennis tournament is none other
than Virginia Slims. He requested that the Commission give serious
consideration in the future regarding scheduling the Virginia Slims
Tournament.
ll.B.5. Rosalind Murray, Village Drive, questioned how the youth will
be selected for the upcoming summer program, approved recently by the
City Commission, and if there is a possibility that more money could be
appropriated.
FIRST READINGS
12.A. Ordinance No. 15-92. Ordinance No. 15-92, regulating the
placement of newsracks and other moveable fixtures within the City's
rights-of-way, is before the Commission for consideration on First
Reading. If passed, Public Hearing will be held April 28, 1992.
The City Manager presented Ordinance No. 15-92:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE 6.3, "USE AND
WORK IN THE PUBLIC RIGHT-OF-WAY", OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY REPEALING, "NEWSRACKS",
AND ENACTING A NEW SECTION 6.3.3, "NEWSRACKS, BENCHES
AND OTHER UNATTACHED FIXTURES" TO PROVIDE FOR THE
APPLICATION OF THIS SECTION TO ALL UNATTACHED FIXTURES
WITHIN THE RIGHT-OF-WAY; PROVIDING FOR DEFINITIONS;
PROVIDING FOR OBJECTIVE STANDARDS FOR THE LOCATION OF
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UNATTACHED FIXTURES IN THE RIGHT-OF-WAY; PROVIDING
STANDARDS FOR INSTALLATION AND MAINTENANCE OF
NEWSRACKS; PROVIDING A BAN ON THE LOCATION OF
NEWSRACKS WITHIN RIGHTS-OF-WAY OF SINGLE FAMILY
RESIDENTIAL DISTRICTS; PROVIDING FOR ENFORCEMENT BY
CODE ENFORCEMENT DEPARTMENT; PROVIDING FOR SPECIFIC
APPELLATE REMEDIES; PROVIDING A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the ordinance.
Chris Brown, Director of Community Redevelopment Agency,
commended the Commission for advancing this legislation. He feels
newsracks are contributors of blight, particularly in the downtown area.
He commented that an additional moveable object, the telephone pedestal,
has been installed in the City's right-of-way by Southern Bell. During
this installation, several of the City's red bricks were removed and
bare wire was placed on the outside of a building located near the first
block on East Atlantic Avenue which violates the elevation requirement
of the Site Plan and Review Board. He is requesting that the Commission
consider including a definition of moveable objects in the ordinance and
include telephone pedestals. He also suggested the Commission consider
allowing the Fire Chief jurisdiction regarding the distance these
objects can be placed from the entrance or exit of any structure.
The City Attorney stated he met with representatives of some of
the newspapers, who opposed the ordinance in its entirety. It was a
collective suggestion that the newspaper staff and the City staff review
each newsrack location and address potential problems and/or locations.
Their aim is to arrive at an agreement whereby some newsrack locations
can be grandfathered in or limited, in exchange for a promise not to
expand.
The City~ Attorney stated, should the Commission agree that the
uniform color aspect is not of primary importance, there is a potential
of avoiding litigation. He recommends that the ordinance be passed and
that no further staff time be used in assembling a report on each and
every location in making that type of assessment.
Rosalind Murray questioned the legality and enforceability of
this ordinance after learning that a ruling was made by the County
Attorney when questioned by Commissioner McCarty regarding the same
issue. The City Attorney advised that the City of Delray Beach has more
stringent regulations on many subjects than those of the County and the
issue referred to was not exactly the same as this one in Delray.
Helen Coopersmith stated she feels the newsracks are ugly.
Joanne Fanizza, Counsel to Sun Sentinal, stated when a newsrack
ordinance is being considered, there are always a few'problem locations
and the City feels this is the way to respond. The Circulation Manager
of Sun Sentinel told her he has not received one phone call or complaint
from a citizen of the City of Delray. Ms. Fanizza commented that there
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is always someone available at the Sun Sentinel to listen to the public.
It is their goal to keep everyone happy and, at the same time, provide a
very integral function. She explained that news interest changes with
demographics and, what may be a good spot for a newsrack today, may not
be appropriate tomorrow or in the future. Discussion followed.
Upon question by Mr. Randolph, the City Attorney advised that,
in his opinion, newsracks located at major intersections in the City are
legal in the City of Delray Beach; however, he also feels an ordinance
could be adopted that would prohibit this.
Ms. Fanizza requested that the Commission please attempt to
work things out and solve this issue without litigation.
Upon question by Mr. Mouw, Ms. Fanizza responded that the
newspaper is presently in litigation over the color issue, as it is a
trademark right and they do not feel it is negotiable.
Chris Simon, Counsel to the Palm Beach Post, questioned if
color is a negotiable issue with the Commission. The Commission con-
curred that it is.
Mr. Andrews noted a number of changes that he would like added
to the language of the ordinance.
Mr. Mouw suggested staff be instructed to negotiate, including
the color, and bring it back before the Commission in two weeks.
Discussion followed.
Dr. Alperin moved to table Ordinance No. 15-92 to the next
Regular Meeting of April 28, 1992, seconded by Mr. Andrews.
Upon a request from Ms. Fanizza, due to a conflict of vacation
time, the Commission concurred to allow four weeks to elapse.
Dr. Alperin amended his motion to table Ordinance No. 15-92 to
the May 12, 1992 Regular Commission meeting, Mr. Andrews amended his
second. Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews -
Yes. Said motion passed with a 5 to 0 vote.
At this point the Commission returned to the Regular Agenda.
9.D. Approval of Collectiv~ .Bargaining .Agreement. The Commission is
to consider approval of the Collective Bargaining Agreement with the
Fraternal Order of Police.
Mr. Mouw moved for approval of the negotiations from the
Commission standpoint, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
Before roll call the following discussion was had:
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Mr. Randolph expressed concern regarding the promotional
requirements in the area of written examinations. At present the
percentage for the written exam accounts for 50 percent with two other
segments, an oral interview and staff evaluation, totaling the remaining
50 percent. He feels the written exam should account for 75 percent of
the promotion.
Dr. Alperin commented that the exam states "The oral interview
shall be conducted by members of neighboring law enforcement agencies
and/or personnel director of a neighboring agency". Mr. Randolph also
questioned how these people are selected and expressed a feeling that
this is 1992, and changes should be made to reflect that.
At this point the roll was called to the motion.
9.E. Request for Temporary Use Approval. The Commission is to
consider a request from the Hardaway Company for a temporary use permit
to erect construction compound/construction trailers on a vacant lot
located at 231 N. Congress Avenue in conjunction with the 1-95 Widening
Project. City Manager recommends approval.
Mr. Mouw moved for approval, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin
- Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 5 to 0 vote.
9.F. Service Authorization No. 4/Eckler Engineering. The Commission
is to consider approval of Service Authorization No. 4 in the amount of
$28,800 for engineering services for rehabilitation of pump stations
19A, 20A, 23 and 32 with funding from Water and Sewer Repair and Re-
placement - Engineering Services (Account No. 442-5178-536-61.83). City
Manager recommends approval.
Dr. Alperin moved for approval of Service Authorization No. 4,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Dr. Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Upon question by Mr. Mouw if these stations could be given a
little treatment in order to improve their appearance, Mayor Lynch
suggested the Commission direct the City Manager to review these and
have the appearance improved. The Commission concurred.
At this point the roll was called to the motion.
9.G. Gulfstream Boulevard Beautification. The Commission is to
consider disqualifying the low bidder, waive the City's claim for the 5%
bid security for Triple A, and award the bid to Florida Blacktop, Inc.,
in the amount of $15,490 for the installation of landscaping materials
in the medians on Gulfstream Boulevard between Seacrest Boulevard and
Dixie Highway with funding from 1987 Utility Tax - Gulfstream Boulevard
(Account No. 333-4141-572-61.38). City Manager recommends approval.
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Mr. Mouw moved to award the bid to Florida Blacktop, Inc., and
also that the City waive the claim for the bid bond requirement for
Triple A Irrigation, seconded by Mr. Andrews. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion
passed with a 5 to 0 vote.
9.H. Modification to Interlocal Agreement/Traffic Signals. The
Commission is to consider a proposal from Palm Beach County to modify
the interlocal agreement with the City to provide that the City will pay
for the installation of new traffic signals. The City Manager recom-
mends responding that the City would be willing to take back responsi-
bility for paying for installation of new traffic signals, providing the
County would extend the current agreement on allocation of gas tax
revenue for another ten years.
Mr. Andrews moved for approval of the proposal to modify the
interlocal agreement to pay for the installation of new traffic signals,
if the County extends the agreement on allocation of gas tax revenue for
ten years, seconded by Mr. Mouw. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0
vote.
9.I. Appointments to the Neighborhoods Task Team. The Commission is
to consider the appointment of three members to the Neighborhoods Task
Team.
Mr. Randolph moved for the appointment of Ann Fulton, seconded
by Mr. Mouw. Upon roll call the Commission voted as follows: Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
Dr. Alperin moved for the appointment of Lillian Flores,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes; Mr.
Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 5 to 0
vote.
The Commission concurred to seek a replacement for Dr. Cadet,
if he feels he does not have the time to expend on this Board.
Mr. Mouw moved for the appointment of Zarus Wright, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows: Dr.
Alperin - Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes;
Mr. Mouw - Yes. Said motion passed with a 5 to 0 vote.
Dr. Alperin moved for the appointment of Arthur Jackel as an
alternate member, seconded by Mr. Andrews. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with
a 5 to 0 vote.
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Mr. Randolph moved for the appointment of John Francis as an
alternate member, seconded by Dr. Alperin. Upon roll call the Commis-
sion voted as follows: Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion passed with
a 5 to 0 vote.
The following two items were postponed with one vote.
9.J. Appointment to the Public Employee Relations Committee. The
Commission is to consider the appointment of a member to fill the
expired term of Martin Frost.
Mayor Lynch requested that his appointment be deferred to April
28th.
9.K. Appointment of a Member to Serve as Chairman of the Public
Employee Relations Committee. The Commission is to consider the ap-
pointment of a member to serve as the Chairman for the Public Employee
Relations Committee.
Dr. Alperin moved for postponement of the above two appoint-
ments until the meeting of April 28th, seconded by Mr. Randolph. Upon
roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr. Andrews - Yes. Said
motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A.1. Mr. Andrews stated he attended a Neighborhood meeting at
Plumosa School regarding what is happening in the surrounding neighbor-
hood and the alternatives that were available to them. Originally there
was a site plan for single family housing in that area (near the Shoppes
of Seacrest). He further stated there is a twelve-foot easement on the
east side of 3rd Avenue. He expressed a desire to have someone look
into landscaping, xeriscaping, continued improvement of Code Enforcement
to clean up the area and possibly look into it as a Pocket CRA. The
City Manager agreed to take a better look at that area.
13.A.2. Mr. Randolph commented about the feelings expressed regarding
the Virginia Slim Tennis Tournament. The City Manager stated he would
get with Mr. Randolph and discuss this later.
13.A.3. Mr. Randolph stated he is aware that Chief Overman has men-
tioned increasing surveillance with regard to intra-city speeders but he
is very concerned about those neighborhoods that are populated with a
number of small children. There are also motorists blocking roadways
just to visit and he would like to see this brought to a halt. Mayor
Lynch commented that, when he met with Chief Overman and some of the
Haitian leaders, the Chief requested that someone submit the time of day
ahd the areas where this is taking place in order that people can be
allocated to monitor those particular spots.
13.A.4. Mayor Lynch questioned the status of the Swaim issue. The City
Manager stated a road agreement was being discussed and, in order for
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the City to have a funding source, a plan needs to be implemented where
money can be provided by CRA or Mr. Swaim needs to remove his project
from CRA. As for the streets, a letter has been submitted with addi-
tional information that will be helpful to him.
13.A.5. Mr. Mouw complimented Lula Butler and her department for the
fine work and her handling of Code Enforcement.
13.A.6. Dr. Alperin advised that, it was learned at the P&Z Workshop
meeting held last evening, plans are being considered for the Agricul-
tural Reserve area west of Delray, with a proposal for 71,000 residents.
13.B. There were no comments or inquiries from the City Attorney.
13.C.1. The City Manager stated a letter has been received relative to
the Virginia Slims tournament, including comments about the sponsorship.
In summary, the Virginia Slims Company has a contract with the Women's
Tennis Association Tour, through 1994, to sponsor a certain number of
tournaments. This is in cooperation with Liddun International, Inc.,
who has been running Virginia Slims of Florida for the past nine years
on a year to year basis, so they may not sponsor this next year. If the
City should enter into an agreement, the agreement would be with Liddun
International and it would be their responsibility to secure a sponsor
for the event.
He commented further on the item that states, rather than
committing to pay any costs in excess of a certain amount, they want to
commit to pay a fixed amount, annually. In view of the most recent
estimates, he feels this would be to the advantage of the City. The
City Attorney is currently working on this and the Liddun Company has
been informed that this item will probably be on the agenda for the
Regular Commission meeting of April 28th. Upon receipt of this letter,
he met with the Sports Authority and the representatives of the contract
purchasers of Laver's to discuss which things they would be responsible
for and those things the City would be responsible for. He will submit
this package to the Commission.
Upon question by Mayor Lynch, the City Attorney stated it is
outlined in the agreement that, in the event that they are unable to
find a sponsor, they will terminate the agreement with the City and that
is a risk the City will bear.
Mayor Lynch declared the meeting adjourned at 9:30 P.M.
~ C£~ Clerk '
ATTEST:
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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 April 14, 1992, whic~ minutes were formally
approved and adopted by the City Commission on U~/~ ~F /9~L ·
/
City ~lerk - '
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
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.
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