04-23-91 APRIL 23, 1991
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 6:05 P.M., Tuesday, April 23, 1991.
1. Roll call showed:
Present - Commissioner Jay Alperin
Commissioner William Andrews
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 Father Richard Bass of St.
Marys the Virgin American Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of
America was given.
4. Mr. Andrews requested Item 8.G. be moved to the Regular Agenda
as Item 9.A.A. Mayor Lynch requested Item 8.B. be moved to the Regular
Agenda as Item 9.A.A.A. The City Attorney advised that the applicant
for Item 9.B requested a postponement.
Mr. Randolph moved approval of the agenda as amended, 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.
5. Dr. Alperin moved approval of the Regular Meeting minutes of
March 26, 1991, 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 approval of the Special Meeting minutes of
April 2, 1991 and the Regular Meeting minutes of April 9, 1991, seconded
by Mr. Randolph. 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.
Mayor Lynch added that Mr. Mouw has volunteered to serve on the
Water Resource Management Board.
6. Proclamations.
6.A. Mayor Lynch presented a proclamation proclaiming April 25, 1991
as "One-to-One Mentoring Day".
6.B. Mayor Lynch read and presented a proclamation proclaiming April
21 through April 27, 1991 as "Victims Rights Week".
Collie Jones came forward to accept the proclamation and
thanked the Mayor and Commissioners for acknowledging victims rights.
6.C. Mayor Lynch presented a proclamation proclaiming April 28
through May 5, 1991 as "Soil and Water Stewardship Week".
6.D. Mayor Lynch read and presented a proclamation proclaiming May
11, 1991 as "USPTA's Across America Tennis Day".
.Mr. Van Barry came forward to thank the City of Delray Beach
for honoring the great sport of tennis.
7. Presentations. None.
Consent Agenda
8.A. Authorization to Submit Application for Summer Food Service
Program. The Commission is to consider authorizing staff to submit an
application to the Florida Department of Education for reimbursement of
funds expended to provide lunch for the participants in the City's
Summer Camp program. City Manager recommends approval.
8.C. Water Service Agreement/Pious Society.. The Commission is to
consider approving a water service agreement with The Pious Society of
the Missionaries of St. Charles Boromeero. City Manager recommends
approval.
8.D. Agreement Between the City and Tax Collector's Office. The
Commission is to consider approving an agreement between the City and
the Tax Collector's Office which provides for a uniform method of
collecting and distributing Stormwater Utility fees. City Manager
recommends approval.
8.E. Renewal Lease Agreement. The Commission is to consider renew-
ing a le~se agreement between the City and Florida East Coast Railway
for the lease of six parcels of land on the Railway's right-of-way.
City Manager recommends approval.
8.F. Inte~!.ocal Agr.ee~.ent/Tr.i.-County Commuter Rail Authority.. The
Commission is to consider approving an interlocal agreement between the
City and Tri-Rail for the construction of temporary parking facilities.
City Manager recommends approval.
8.H. Modification to the Capital Impr?vem~.n.t/Nor.th Fede.ral .H.i~hway
Sewer Main Extension. The Commission is to consider amending the
Capital Improvement Program project list to include the extension of the
North Federal Highway Sewer Main. City Manager recommends approval.
8.I. Request for Final Payment/Post, Buckley, Schuh and Jernigan.
The Commission is to consider approval of a request for final payment
from Post, Buckley, Schuh and Jernigan in the amount of $24,824.51 for
completion of Service Authorization No. 4 (Modifications to the North
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Water Plant) with funding from Water and Sewer/Water Treatment Plant
Engineering Services (Account No. 441-5122-536-33.11). Account balance
$26,049. City Manager recommends approval.
8.J. This item was moved t.o the Regular Agenda.
8.K. Acceptance and Ratification. of Advisory Board Recommendations
for Appointment to The Carver Middle School Task Force. The Commission
is to appoint the nominees as recommended by the Community Redevelopment
Agency, Delray Beach Housing Authority, Chamber of Commerce and the
Planning and Zoning Board to the Carver Middle School Task Force. City
Manager recommends approval.
8.L. Resolution No. 30-91. Resolution No. 30-91, abandoning two
utility easements within the plat of Delray Town Center, located at the
northeast corner of Linton Boulevard and Military Trail, is before the
Commission for consideration.
The caption of Resolution No. 30-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF
EXISTING UTILITY EASEMENTS LYING IN PARCEL 1 OF DELRAY
TOWN CENTER, AS RECORDED IN PLAT BOOK 65, PAGES 189 AND
190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 30-91 is on file in the official
Resolution Book)
8.M. Resolution No. 32-91. Resolution No. 32-91, amending the
Community Redevelopment Plan to permit the expenditure of $3,500 from
the Tax Incremental Financing funds to be used for the removal and
elimination of power poles and other obstructions from travelways
within property being redeveloped within the Community Redevelopment
Area, is before the Commission for consideration. City Manager recom-
mends approval.
The caption of Resolution No. 32-91 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY BEACH, FLORIDA; TO PROVIDE
FUNDING FOR THE ELIMINATION OF POWER POLES AND OTHER
OBSTRUCTIONS FROM TRAVELWAYS WITHIN THE COMMUNITY REDE-
VELOPMENT AREA; FINDING THAT THE MODIFICATION CONFORMS TO
THE COMMUNITY REDEVELOPMENT ACT OF !969, AS AMENDED;
FINDING THAT THE MODIFICATION IS CONSISTENT WITH THE CITY
OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF
FLORIDA STATUTES SECTION 163.360(6)(7); AND PROVIDING FOR
SEVERABILITY.
(Copy of Resolution No. 32-91 is on file in the official
Resolution Book)
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8.N. Award of Bids and Contracts.
1. Tractor - Environmental Services - Ford New Holland, Inc.
in the amount of $12,513 with funding from Environmental
Services/Equipment Other (Account No. 001-3113-541-
60.89). Account balance $25,931. Amount budgeted
$21,500. City Manager recommends approval.
2. Rehabilitation of the 1/2 Million Gallon Elevated Tank -
Environmental Services - Dees Contracting, Inc. in the
amount of $259,111 with funding from Cellular One
($121,000), Environmental Services Repair and Replacement
($43,000) - Account No. 442-5178-536-61.79 and 1984 Water
and Sewer Revenue Bond Issue ($95,111) - Account No.
441-5162-536-61.79. City Manager recommends approval.
Dr. Alperin moved approval of the Consent Agenda as amended,
seconded by Mr. Andrews. Upon roll call the Commission voted as fol-
lows: Mr. Randolph - Yes; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr.
Alperin - Yes; Mr. Andrews - Yes. Said motion passed with a 5 to 0
vote.
REGULAR AGENDA
9.A.A. (8.G.) Proposed City/County Project (Swinton Avenue). The
Commission is to consider.approving a proposed City/County project for
the redesign of Swinton Avenue from S.E. 10th Street to Old Dixie
Highway. City Manager recommends approval.
Mr. Andrews requested the issue of 10th Street go to a workshop
meeting in order for staff to get clear direction and a consensus of the
Commission. The workshop meeting will be May 7, 1991.
Mr. Mouw moved acceptance of the proposed joint project between
the City and the County to improve Swinton Avenue south of S.E. 10th
Street, seconded by Mr. Andrews. Upon roll call the Commission voted as
follows: Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0
vote.
9.A.A.A. (8.B.) Approval of ..Eligibility Criteria/Bootstrap .Prp.$ram.
The Commission is to consider approval of the the proposed eligibility
criteria developed for the Bootstrap Program and authorize the program
implementation. City Manager recommends approval.
In reply to Mayor Lynch, Lula Butler, Director of Community
Improvement, stated the first and foremost intent is to help the owner
occupied before money is given to help any other persons.
Mr. Andrews moved approval of the eligibility criteria for the
Bootstrap Program, seconded by Mr. Randolph. Upon roll call the Commis-
sion 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.
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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 of April 8
through April 22, 1991.
Dr. Alperin moved the Commission receive and file this 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.
9.B. Appeal of Planning and Zoning Determination. The Commission is
to consider an appeal of a Planning and Zoning determination of simi-
larity of use to allow a commercial boat dock as a conditional use in
the Central Business Zoning District (CBD).
Mr. Mouw moved for postponement to a Special Meeting on April
30, 1991, at 6:00 P.M.,seconded by Mr. Randolph. 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.C. Conditional Use Approval/Shell. The Commission is to consider
a request for conditional use approval for a major modification to
convert an existing Mobil gasoline station, located on the southeast
corner of Atlantic avenue and Military Trail, to a Shell gasoline
station. Planning and Zoning Board recommends approval (6-0 vote).
Paul Dorling, Planning and Zoning Department, stated the
applicant for this item came back to the Planning and Zoning Board with
a revised submittal accommodating some of the concerns of the Commis-
sion.
Jack Kellerman, 1382 High Point Way, stated his concern is the
traffic situation.
Leonard Syrop, 1322 High Point Place, stated his opposition was
for water conservation reasons.
Jack Babich, 14796 Bonaire Boulevard, stated there are already
too many car washes and there is no need for any more.
Murray Kalish, 6201 Stanley Lane, stated by approving a car
wash for that area, more traffic is being brought to an already much too
congested area.
Bill Duffy, Project Engineer, stated the water flow statistics
given at the last meeting were accurate, the water loss is about four
(4) gallons per car, and the design has been changed to conform with the
comments and concerns set forth by the residents and Commission.
John Ingram, representative from Shell Oil, stated it would not
behoove Shell to eliminate the car wash as it doesn't generate extra
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traffic and there is nothing there that Shell feels should be elimi-
nated.
Mr. Andrews moved approval of the site plan less the car wash
until such time as it can be proven that other car washes have been
provided in the area and do not create an impact on this site, seconded
by Mr. Randolph.
Mr. Andrews withdrew his motion, Mr. Randolph withdrew his
second.
Mr. Mouw moved acceptance of the site plan as presented,
seconded by Dr. Alperin. Upon roll call the Commission voted as fol-
lows: Mr. Randolph - No; Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin
- Yes; Mr. Andrews - No. Said motion failed with a 3 to 2 vote.
Mayor Lynch stated at this point the consensus is that six (6)
pumps, the car wash and the convenience store are too intense for that
site; the intensity has to be reduced.
PUBLIC HEARINGS
At this point, the time being 7:25 P.M., the Commission moved
to the duly advertised Public Hearings portion of the agenda.
10.A. Ordinance No. 35-91. Ordinance No. 35-91, annexing a vacant
parcel located at the northeast corner of Barwick Road and Atlantic
Avenue with an initial City zoning of Community Facilities (CF) to
facilitate the construction of Middle School HH-2, is before the Commis-
sion for consideration on Second and FINAL Reading. Prior to considera-
tion of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time. Planning and Zoning
Board recommends approval (6-0 vote).
The City Manager presented Ordinance No. 35-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH A 29.49 ACRE PARCEL OF LAND LYING AND BEING IN
SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS
LOCATED AT THE NORTHEAST CORNER OF WEST ATLANTIC
AVENUE AND BARWICK ROAD; REDEFINING THE BOUNDARIES OF
SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE
ZONING THEREOF TO CF (COMMUNITY FACILITIES) DISTRICT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 35-91 is on file in the official Ordi-
nance Book)
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The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Dr. Alperin moved for the adoption of Ordinance No. 35-91 on
Second and FINAL Reading, 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.
10.B. Ordinance No. 39-91. Ordinance No. 39-91, amending the Code of
Ordinances by deleting Section 91.50 through 91.52 and amending the Land
Development Regulations by creating a new section 4.6.8(C), "Lighting
Restrictions Along the Beach" to change the hours during which lights
visible from the beach must be shielded or turned off, is before the
Commission for consideration on Second and FINAL Reading. Instead of
from 11:00 P.M. until 6:00 A.M. the new hours would be sunset to sun-
rise. 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. Planning and Zoning Board unanimously recommends approval.
The City Manager presented Ordinance No. 39-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL
REGULATIONS", CHAPTER 91, "ANIMALS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
DELETING SECTIONS 91.50 THROUGH 91.52, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA;
AMENDING CHAPTER 4, "ZONING REGULATIONS", ARTICLE 4.6,
"SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.6.8,
"LIGHTING", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ADDING A NEW SUBSECTION (C), "LIGHTING
RESTRICTIONS ALONG THE BEACH", TO PROVIDE FOR THE
PROTECTION OF THREATENED AND ENDANGERED SEA TURTLES
WHICH NEST ALONG THE BEACHES OF THE CITY BY SAFEGUARD-
ING THE HATCHLINGS FROM SOURCES OF ARTIFICIAL LIGHT;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 39-91 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.
Upon question by .~e.t~y Matthews, 1024 White Drive, the City
Manager advised the street lights on A1A will remain on from sunset to
sunrise, which will change the original ordinance.
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The public hearing was closed.
Dr. Alperin moved for the denial of Ordinance No. 39-91 on
Second and FINAL Reading, seconded by Mr. Mouw. Upon roll call the
Commission voted as follows: Mr. Mouw - Yes; Dr. Alperin - Yes; Mr.
Andrews - No; Mr. Randolph - No; Mayor Lynch - Yes. Said motion passed
with a 3 to 2 vote.
10.C. Ordinance No. 40-91. Ordinance No. 40-91, amending the Code of
Ordinances to provide that the penalty for violation of Chapter 51 shall
be to perform certain hours of community service or labor work, is
before the Commission on Second and FINAL Reading. Prior to considera-
tion 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. 40-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 51, "GARBAGE AND TRASH", SECTION
51.99, "PENALTY", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
51.99, "PENALTY", BY REPEALING SUBSECTION (A) AND
ENACTING A NEW SUBSECTION (A) TO PROVIDE THAT THE
PENALTY FOR VIOLATING CHAPTER 51 SHALL BE TO PERFORM
CERTAIN HOURS OF COMMUNITY SERVICE OR LABOR WORK;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEAL-
ER CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 40-91 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. Andrews moved for the adoption of Ordinance No. 40-91 on
Second and FINAL Reading, seconded by Dr. Alperin. 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.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
ll.A. The City Manager had no comments on non agenda items.
ll.B.1. Deborah Wr.ight, 914 S.W. llth Terrace, stated she feels that
West Atlantic Avenue has been excluded from development considerations
made by the City Commission and she expressed an interest in the West
Atlantic corridor being included in the Geographic Area of Exception.
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ll.B.2. Evelyn Carr, teacher in Palm Beach County, stated she was
opposed to the school at Barwick and Atlantic.
ll.B.3. Mary Lou Jamison, 515 N. Swinton Avenue, stated she would like
to see all of Swinton Avenue discussed at the upcoming workshop.
It was the consensus of the Commission to do 10th and Swinton
at the workshop.
ll.B.4. Alice Finst, 707 Place Travant, stated information kiosks
should be available and that signs should be adjacent to the specific
districts.
FIRST READINGS
12.A. Ordinance No. 31-90. Ordinance No. 31-90, rezoning property in
Block 20, Town of Delray from GC (General Commercial) District and R-1-A
(Single Family Dwelling) District to CF (Community Facilities) District
to accommodate the proposed relocation of Fire Station No. 1, is before
the Commission for consideration on First Reading. If passed, Public
Hearing will be held May 14, 1991. This Ordinance contains the correct-
ed legal description. Planning and Zoning Board recommends approval.
The City Manager presented Ordinance No. 31-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT, IN
PART, AND R-lA (SINGLE FAMILY DWELLING) DISTRICT, IN
PART, IN CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND
BEING A PORTION OF BLOCK 20, TOWN OF DELRAY, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGES 3
AND 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; SAID LAND BEING LOCATED ON THE NORTH SIDE OF
ATLANTIC AVENUE, BETWEEN NORTHWEST 5TH AVENUE AND
NORTHWEST 6TH AVENUE; AND AMENDING "ZONING DISTRICT
MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Mouw moved for the adoption of Ordinance No. 31-90 on First
Reading, seconded by Mr. Randolph. 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.
12.B. Ordinance No. 41-91. Ordinance No. 41-91, amending Chapter 52
"Water" of the Code of Ordinances to provide for a decrease in the
quarantee-of-payment deposit for utilities, is before the Commission for
consideration on First Reading. If passed, Public Hearing will be held
May 14, 1991.
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The City Manager presented Ordinance No. 41-91:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC
WORKS", CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBHEADING "BILLINGS", SECTION 52.52, "RESUMING
SERVICE AFTER DISCONTINUANCE FOR DELINQUENCY", TO
PROVIDE FOR A DECREASE IN THE GUARANTEE-OF-PAYMENT
DEPOSIT; PROVIDING A SAVING CLAUSE; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Andrews moved for the adoption of Ordinance 41-91 on First
Reading, 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.
At this time the Commission returned to the Regular Agenda.
9.D. Conditional Use Approval/Wendell Miller. The Commission is to
consider a request for conditional use approval to establish an auto
repair shop on the west side of Federal Highway, just south of the
Delray Drive In.
David Kovacs, Planning Director, gave an overall description of
the Conditional Use.
Mr. Mouw moved for approval of the conditional use for an auto
repair shop, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Lynch - No; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1
vote.
9.E. pisposition of Appeal of a Planning and Zoning Board Decision/
Amendment To The Master Development Plan for Delray Park of Commerce.
The Commission is to consider determining the disposition of the appeal
of a Planning and Zoning Board decision regarding a request for a Master
Development Plan amendment for Tract R, Delray Park of Commerce located
on the northeast corner of Lake Ida Road and Congress Avenue.
The City Attorney advised of the requests on this item and
presented an overall background of the situation.
David Froikin, attorney representing Mr. Ropal, stated Mr.
Ropal is doing everything he possibly can to comply with the conditions
set forth in the letter to the City Manager from David Kovacs. The major
question is how Mr. Gladstone can be convinced to sign the plat, as
there seems to be no cooperation by Mr. Gladstone to do so.
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The City Attorney stated this is not a plat procedure, it is a
modification procedure, and in this conceptual site plan procedure there
is more power than in the platting procedure.
Peter Breton, attorney representing Mr. Gladstone, stated Mr.
Gladstone's position in this matter is that of an unrelated property
owner who neighbors Mr. Ropal's parcel R2 and R3. Mr. Gladstone has not
submitted anything to the City for approval.
Mr. Mouw moved approval of the site plan, as shown, without the
Cross Access Agreement across R-1 and without the designation of pre-
serve area, and the other conditions to remain, seconded by Mr. Lynch
(who had passed the gavel). Upon roll call the Commission voted as
follows: Mr. Mouw - Yes; Dr. Alperin - No; Mr. Andrews - Yes; Vice-
Mayor Randolph - Yes; Mr. Lynch - Yes. Said motion passed with a 4 to 1
vote.
9.F. Further Consideration of Ordinance No. 7-91. Ordinance No.
7-91, annexing to the City of Delray Beach land lying and being in
Section 14, Township 46 South, Range 42 East, Palm Beach County, Flori-
da, effective March 1, 1991, is before the Commission for further con-
sideration. This annexation is commonly referred to as West Atlantic
Avenue Annexation #3. Public Hearing held February 12, 1991.
David Siegel, Director of Operations for J.& J. Gumberg
Company in Fort Lauderdale, stated Mr. Kovacs explained the City would
like to work with the agents for the owner of the complex in order to
determine what the advantages would be for annexing into the City. A
number of areas which would be of great concern when the property would
be annexed into the City include the grandfathering of all of the
existing signage of the shopping center so that the tenants of the
shopping center would not be imposed a hardship.
The City Attorney stated he believes this issue should not be
negotiated at this time.
Mr. Siegel further stated that, as a result of the annexation,
the property would be evolved in a tax hike.
Mayor Lynch recommended Mr. Siegel meet with the City Attorney
to talk things over.
Mr. Andrews moved to postpone this issue for one week pending
Mr. Siegel's conversation with the City Attorney, 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.
9.G. Authorization to Submit Grant Application/Resolution No. 33-91.
The Commission is to consider authorizing staff to apply for funds under
the Provisions of Chapter 161, Florida Statutes for the Beach Erosion
Control project. City Manager recommends approval.
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Mr. Andrews moved for the adoption of Resolution No. 33-91,
seconded by Dr. Alperin. For the record and as part of the motion,
Mayor Lynch, with a consensus of the Commission, stated that dune
overwalks are not what the City is anticipating doing, but if the money
is allocated and the City is mandated to do it, at least the grants will
be available. 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. Street Lighting/Former Isles of Delray. The Commission is to
consider providing lighting along Enfield Court, a private street,
located in the former Isles of Delray development.
Mayor Lynch passed the gavel in order to make a motion.
Mr. Lynch moved denial of the street lighting for the former
Isles of Delray, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mr. Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes;
Mr. Andrews - Yes; Vice-Mayor Randolph - Yes. Said motion passed with a
5 to 0 vote.
9.I. Assignment of Baseball School Agreement. The Commission is to
consider extending the lease on the Bucky Dent Baseball School until
2006 and assign the lease agreement to Michael Wiggins. City Manager
recommends approval.
Mr. Mouw moved approval of the Baseball School Agreement
subject to the approval of the City Attorney, seconded by Mr. Randolph.
Mr. Andrews expressed his concerns with regard to the basic
concepts of the lease and the maintenance standards. He would like to
see that they get the kind of quality that was previously maintained and
would like an opportunity review the contract before it is signed.
Mr. Mouw amended his motion to approve the Baseball School
Agreement, subject to the approval of the City Attorney and a review of
the agreement by Mr. Andrews, 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.J. Agreement Between the City and Property Appraiser's Office.
The Commission is to consider an agreement between the City and the
Property Appraiser's Office which provides for a uniform method of
collecting and distributing Stormwater Utility fees.
Mr. Randolph moved approval of the Agreement between the City
and Property Appraiser's Office, seconded by Dr. Alperin. 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.
9.K. Request for Additional Architectural Fees/Fire Station No. 2.
The Commission is to consider a request from Currie Schneider Associates
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A1A, PA, for additional payment in the amount of $25,000 for archi-
tectural services rendered for the Fire Station No. 2 project.
Mr. Mouw moved approval for the additional Architectural Fee
for Fire Station No. ~, seconded by Dr. Alperin. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Mr. Randolph - No;
Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes. Said motion
passed with a 4 to 1 vote.
Mr. Andrews stated he would like to further discuss the out-
standing contract of March 13, 1991 regarding Fire Station No. 2.
Mark Gabriel, City Engineer, stated he will try to have the
contract as soon as possible.
9.L. Change Order No. 2/ARZ Builders. The Commission is to consider
approval of Change Order No. 2, in the amount of $4,832.91, to the
contract with ARZ Builders for the replacement of a 7.5 ton air-condi-
tioning unit at the new City Attorney office facility. City Manager
recommends approval.
Mr. Mouw moved approval of Change Order No. 2, seconded by Mr.
Andrews. 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.
9.M. Acquisition of Property in Lieu of Payment of Certain Liens.
The Commission is to consider an offer from Barnett Banks Trust Company
to sell the City property located at 521 N.W. 2nd Street in lieu of
payment of certain liens on the property which total approximately
$2,600. Funding is available from the appropriation for in-fill hous-
ing. City Manager recommends approval.
Mr. Mouw advised he will not vote on this issue due to a
conflict of interest and left the Commission Chambers at this time.
Dr. Alperin moved approval of the acquisition of property in
lieu of payment, seconded by Mr. Andrews. Upon roll call the Commission
voted as follows: Mayor Lynch - Yes; Dr. Alperin - Yes; Mr. Andrews -
Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote.
9.N. Appointment of a Member to the Police and Fire Pension Board of
Trustees. The Commission is to appoint a member to fill the expired
term of John Tranter on the Police and Fire Pension Board of Trustees to
a term ending April 22, 1993. Mayor's Appointment.
Mayor Lynch recommended Mr. Tranter to serve another term on
the Board.
Mr. Randolph moved the appointment of Mr. Tranter to the Police
and Fire Pension Board of Trustees, seconded by Mr. Andrews. Upon roll
call the Commission voted as follows: Dr. Alperin - Yes; Mr. Andrews -
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Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said motion passed with a 4
to 0 vote.
At this point, Mr. Mouw returned to the Commission Chambers.
9.0. Ratification of Appointments to The Kids and Cops Committee.
The Commission is to consider ratifying appointments to the Kids and
Cops Committee.
Dr. Alperin requested that the name of Perry DonFrancisco be
added to the Citizens-at-Large, with the "or" removed, to read just
"and".
Dr. Alperin moved approval of the ratification of appointments
with the "or" removed from Citizen-At-Large and Curt Lavarello and Ivan
Retzignac added, seconded by Mr. Randolph. Upon roll call the Commis-
sion 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.
9.P. Interlocal Agreement Between the City and Palm Beach County
School Board. The Commission is to consider approval of an interlocal
agreement between the City and Palm Beach County School Board for the
acquisition and development of approximately six (6) acres of land
located directly north of S.D. Spady Elementary School.
Mr. Randolph left the Commission Chambers at this time.
Dr. Alperin moved to approve the Interlocal Agreement, seconded
by Mr. Mouw. Upon roll call the Commission voted as follows: Mr.
Andrews - No; Mayor Lynch - Yes; Mr. Mouw - Yes; Dr. Alperin - Yes.
Said motion passed with a 3 to 1 vote.
Mr. Randolph returned to the Commission Chambers.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS
13.A.1. Mr. Andrews stated, with regard to Deborah Wright's comments
earlier about West Atlantic Avenue, that because WAPOA had gone on
record as not wanting any community development more than 300' in depth
along the West Atlantic corridor, that it was not feasible for them to
be included in the Central Business District Geographic Area of Ex-
ception.
13.A.2. Mr. Andrews stated he would like to have the property that the
Boy Scouts were using cleaned up.
The City Manager advised that is being worked on.
13.A.3. Mr. Andrews stated the Oleander bushes on West Atlantic Avenue
in the interchange area should be restaked.
13.A.4. Mr. Randolph questioned the status on the Florida Food Recovery
Program.
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The City Manager stated they were looking for storage space.
13.A.5. Mr. Randolph stated he would like someone in the City to take a
look at the possible realignment of N.W. 8th Avenue and N.W. '2nd Street;
it is very dangerous on that corner.
13.A.6. Dr. Alperin had no questions or comments at this time.
13.A.7. Mr. Mouw questioned what the State was holding with regard to
the City's Pension Plan and suggested the City Manager, at his earliest
opportunity, check into the whole subject and enlighten the Commission.
13.A.8. Mayor Lynch requested the City Manager look into the markings
on N.E. 8th Street, east of Federal Highway, in order to put in some
lines and eliminate the problems that are taking place there.
13.A.9. Mayor Lynch stated when the City did the annexing of Silver
Terrace and La Hacienda, one of the incentives was a charge of $250.
Now that the hookup is ready to be done, the residents have been quoted
a price of $1,000.
The City Manager stated $250 was the quote at the time, and if
hookup is done within a 60-90 day period the $250 will be accepted. If
it isn't done in this time frame, the new fee will apply.
13.B.1. The City Attorney stated, with respect to the Department of
Insurance, that the City has entered into an agreement for which the
Department of Insurance will pay all the premium monies from last year,
and this years monies, which have not been released as yet, will be
taken care of. The Department has found the City's plan in compliance
with the exception of the item concerning the salary for Police Offi-
cers.
13.B.2. The City Attorney stated, with regard to Fire Station No. 1,
the City will take title to the entire remaining parcels and will take
possession August 11, 1991. The reason for the delay is that some
people are still living there and some businesses are still operating.
13.C.1. The City Manager reminded the Commission of the Community
Meeting that will be held on Thursday, April 25, at 7:00 P.M. at St.
John Primitive Baptist Church. This meeting is open for the public to
comment on the design of Fire Station No. 1.
13.C.2. The City Manager stated he received a call from Kathy Daley,
City Lobbyist, stating the CRA Bill will pass the full Senate today and
should be in the house on Thursday; the DDA passed the house and is on
its way to the Senate.
Mayor Lynch declared the meeting adjourned at 10:10 P.M.
j-- c£~y~clerk !
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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 April 23, 1991, which minutes were formally
approved and adopted by the City Commission on
~- Ci~y- ~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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