09-27-88 263
SEPTEMBER 27, 1988
A Regular Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Commission Chambers at City Hall at 7:02 P.M., Tuesday, September 27,
1988.
1. Roll call showed:
Present - Commissioner Patricia Brainerd
Commissioner Marie Horenburger
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - City Manager Walter O. Barry and
City Attorney Herbert W.A. Thiele.
2. The opening prayer was delivered by Reverend William Roese,
Lakeview Baptist Church. ~
3. The Pledge of Allegiance to the flag of the United States of
America was given.
Sylvia Garcia, Program Assistant of the Deaf Service Center of
Palm Beach County, stated she is present tonight, along with some of
their clients, to thank the City for their support. Sandy Pate trans-
lated the thanks of two of the clients for the audience.
4.A. Mayor Campbell read and presented proclamations to Sergeant
Robert Musco and Officer William McCollom of the Delray Beach Police
Department, who competed in the United States Police Canine Association
Nationals along with their partners Carlo and Lobo, distinguishing
themselves as outstanding citizens and representatives of the City of
Delray Beach. Mayor Campbell also presented the officers with a plaque
from the City Commission.
4.B. Paul Steele, President of the Delray Beach Chamber of Commerce,
stated that a couple of years ago the City was in receipt of funding as
a result of an Industrial Revenue Bond and as those funds came forth,
the City committed those to work with the Chamber in establishing a
proper economic development for the City. He feels it is extremely
important that the balance of industry and light industry, as well as
the quality of life, be maintained and enhanced.
The Chamber has been working with the Economic Development
Committee for the past 18 months to prepare a video to highlight the
community of Delray Beach as an outstanding community in which to live,
work and play. They feel this video has a place in the condominiums,
civic organizations and the City in order to show the quality of life in
the City. A brochure has also been created containing information about
the City in a manner that can be changed and will not become outdated.
This also applies to. the video, so that each is always current. The
video was shown to the Commission and the audience for the first time
and Mr. Steele presented a video to Mayor Campbell and brochures to the
Commission members.
Mayor Campbell stated that part of the redevelopment efforts
requires a donation to the City when an'Industrial Revenue Bond is done,
so he presented a check to Mr. Steele and the Chamber of Commerce in the
amount of $10,000 as part of the funding from the Industrial Revenue
Bond.
4.C. Safe Neighborhoods Act.
The City Manager stated this follows a meeting held last week
sponsored by Chief Kilgore which involved a number of components from
the neighborhood and attended by FAU Professors, State's Attorney staff,
26 1
a judge, the City staff and the Police Community Relations staff. Out
of this meeting came a suggestion which had originated from the Human
Relations Board for consideration of a Safe Neighborhoods Act. Chief
Kilgore and Ms. Lula Butler pursued this suggestion and will give a
brief presentation.
Ms. Butler stated The Florida Department of Community Affairs
has available 1.1 million dollars this year under the Safe Neighborhoods
Act. The application process has been reviewed along with the pro-
cedures that need to be established and they feel at this time it would
be to the best interest of the City if they proceed to submit an appli-
cation. The deadline has been set for October 26th at 8:00 A.M. The
application requires that the City Commission, by ordinance, designate
the area for the Safe Neighborhood Act; also, the City is required to
match 100% of the Grant Fund. They feel it will be compatible with the
efforts by the CRA with West Atlantic, the activities that the Police
Department is currently pursuing and request permission from the Commis-
sion to submit an application at this time.
Mayor Campbell clarified West Atlantic to be the area between
1-95 and Swinton Avenue. He complimented the City Manager and staff,
Ms. Butler, and Chief Kilgore in their work with the community leaders
in bringing this type of action to the Commission.
The City Manager stated the Commission needs to authorize
permission to apply for the Grant and an additional resolution and an
ordinance will be brought before the Commission at a later time.
Ms.. Horenburger moved to approve authorization to apply for the
grant, seconded by Mr. Weatherspoon. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
Before roll call the following discussion was had:
Upon question by Mr. Weatherspoon as to the amount available to
be applied for, Ms. Butler replied they are eligible to apply for up to
$250,000 plus up to $30,000 for grant assistance for consultant servic-
es. The City Manager estimated the efforts could amount to $100,000,
given staff time that is being, and will likely be, spent for the
efforts currently being made in the neighborhoods.
At this time the roll was called to the motion.
PUBLIC HEARINGS
5. Resolution No. 55-88: Resolution No. 55-88 to levy a tax on
all properties within the City of Delray Beach, is before the Commission
for consideration. Prior to consideration of passage of this resolu-
tion, a public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 55-88:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, TO LEVY A TAX ON ALL PROPERTIES WITHIN
THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND
OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL
AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND
APPROPRIATE SAID COLLECTIONS THEREUNDER.
(Copy of Resolution No. 55-88 is on file in the official
Resolution Book)
The City Attorney read the entire resolution. 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.
Ms. Brainerd moved for the adoption of Resolution No. 55-88,
seconded by Ms. McCarty. Upon roll call the Commission voted as fol-
lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
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265
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
6. Resolution No. 56-88: Resolution No. 56-88, making appropria-
tions of sums of money for all necessary expenditures of the City from
October 1, 1988, to September 30, 1989, is before the Commission for
consideration. Prior to consideration of passage of this resolution, a
public hearing has been scheduled to be held at this time.
The City Manager presented Resolution No. 56-88:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY
FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY
BEACH, FLORIDA, FOR THE PERIOD FROM THE 1ST DAY OF
OCTOBER, 1988, TO THE 30TH DAY OF SEPTEMBER, 1989; TO
PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH
RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT;
AND TO REPEAL ALL RESOLUTIONS AND ORDINANCES WHOLLY IN
CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS AND
ORDINANCES INCONSISTENT WITH THIS RESOLUTION TO THE
EXTENT OF SUCH INCONSISTENCY. ~
(Copy of Resolution No. 56-88 is on file in the official
Resolution Book) ~
The City Attorney read the caption of the resolution. A public
hearing was held having been legally advertised in compliance with the
laws of th~ State of Florida and the Charter of the City of Delray
Beach, Florida.
Arthur Jackel, Chairman, United Property Owners and Taxpayers
Group, stated the item he is questioning in the budget is one in the
amount of $140,000, which will be the beginning of payments for a 3.1
million dollar bank loan for a line of credit. He questioned the type
of funding, the rush and the timing. He suggested the Commission
reflect a while longer before proceeding.
James Bowen, 116 Marine Way, stated there was a public hearing
one week ago on this item and comments were made on the 3.1 million
dollar loan relative to the funding, etc. At that time, the public was
told when this item came up for second hearing they would be more
knowledgeable as to the Capital Improvements. To his knowledge, he does
not feel the public has been advised.
Mayor Campbell stated he would like to clarify the fact that a
line item is being put in the budget as a contingency debt service item,
which means that the City allows itself to look at possible Capital
expenditures in the upcoming year through a possible line of credit or
some other borrowing. Any of the proposed projects would require
further action of the Commission in order to establish those as projects
of the Commission.
Charles Smith, 2110 Spanish Trail, suggested the $140,000 be
taken out of the line item as a preparation for payment of the loan,
which at this time seems rather nebulous and put in a contingency fund.
If, at a later date, this program goes forward the money will be avail-
able to pay the debt.
The public hearing was closed.
Mr. Weatherspoon suggested the line item be taken out of the
budget and, after reviewing the list of things to be considered, the
budget can be adjusted at a later date. By doing this, he feels the 5%
increase for Occupational License and Permit Fees can be rolled back.
Mayor Campbell stated it is his understanding that if the City is to use
ad valorem taxation as a possible source, it must be done now. If that
particular line item is not present, there may be a wait of one year
before there is another opportunity. Ad valorem assessment can be fixed
only one time a year or by a special referendum of the voters; if
deleted now, it is not possible to return in a week and use it for
something else.
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266
David Huddleston, Finance Director, clarified there is a
combination line item called Licenses and Permits, but the increase is
only for the permits. He also clarified that the $140,000 line item is
not specifically designated from an ad valorem pledge, but rather from
General Fund revenues.
Ms. Brainerd moved for the adoption of Resolution No. 56-88,
seconded by Ms. Horenburger. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
7. Ordinance No. 108-88: Ordinance No. 108-88, annexing property
on N.W. 4th Avenue between N.W. 13th Street and N.W. 12th Street with an
initial zoning of R-1AA (Byrd), is before the Commission for considera-
tion on Second and FINAL Reading. 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. (This was reconsidered later in the
meeting).
The City Manager presented Ordinance No. 108-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY ~
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A ~
PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46 $
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.W. 4TH
AVENUE, BETWEEN N.W. 12TH STREET AND N.W. 13TH STREET;
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 R-1AA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 108-88 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 compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
Dave Hennin~er, President of the Lake Ida Property Owners,
Inc., stated the meeting held on September 22, 1988, with the general
consensus of the community is summarized as follows: 1) The proposed
site plan using a cul-de-sac arrangement is unacceptable; 2) The
zoning should be R-1AAA, not R-1AA; 3) The house fronts should face
12th and 13th Streets; 4) The concept of the community within a com-
munity is unacceptable; 5) It was generally agreed that Lake Drive
should extend through the property and, 6) that the development should
be more consistent with the adjoining neighborhood.
John Wheeler, representing Caulfield and Wheeler, Engineers and
Surveyors on the project, stated in the Enclave report that will be
coming up later, it was recommended to go with the R-1AA zoning because
of the surrounding area. After meeting with the City Officials and the
Homeowners Board, it was determined that the size of the lots and the
cul-de-sac plan appeared to be favorable. It was their decision to go
with a grid plan and have all houses face 12th and 13th Street. The lot
sizes range from 11,000 square feet to 18,000 square feet, the minimum
R-1AA being 9500 and R-1AAA 12,500. He requested approval of R-1AA
zoning.
Art Falcone, the developer, stated they will be using the grid
plan and the minimum lot size will range from just under 11,000 to
18,000 square feet.
The following persons spoke in favor of R-1AAA zoning: Mark
Little, Gene Slattery, Barbara Gelner, Lenore Bamman, James Wright, Bob
Constant, Jim Doff, and Bruce Ingold.
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267
The public hearing was closed.
Mayor Campbell questioned if there is a motion regarding the
amendment from R-1AA to R-1AAA, hOw does that affect the caption and the
second reading. The City Attorney advised it would be necessary to
readvertise.
Ms. Brainerd questioned if this would be a case of spot zoning
were the Commission to require this parcel to come in with an R-1AAA
zoning in light of the surrounding R-1AA. The City Attorney advised
that it would not because it is being zoned on lot characteristics, not
on compatible zoning districts.
Ms. Horenburger questioned what position the Commission is in
with regard to the annexation proposal and the designation of R-1AA.
The City Attorney clarified the fact that a proposal only was made, has
not been passed and is not in effect as this parcel has not come through
the Enclave Act.
Ms. McCarty stated she feels when there'is an opportunity to go
with a larger lot size an attempt should be made to see it is accom-
plished. She feels this neighborhood is a prime example for an opportu-
nity to do this.
Mr. Weatherspoon questioned if the extension of Lake Dri~ is
included if the grid plan is used. The developer replied that it is.
Upon question by Mr. Weatherspoon, the City Manager stated the R-1AA
zoning applies to at least two of the areas in close proximity to the
property but the land use does not. Mr. Weatherspoon questioned what
the primary objection of staff was. Mr. Kovacs stated it was felt at
the P&Z meeting that direction was given not to proceed with the
cul-de-sac and with the back lots on 13th and 14th Streets. Since the
property to the north was of the R-1AA character, to provide the flex-
ibility to go with R-1AA and accommodate the grid pattern would be a
reasonable way to proceed. That is the direction the P&Z Board felt was
given. With the submission of the cul-de-sac plan it appeared that that
direction was not received. By zoning the property R-1AAA, the
cul-de-sac approach will be prohibited. The applicant has now decided
to go with the grid pattern. The City Manager stated staff recommends
denial.
Upon question by Ms. Horenburger as to what the recommendation
would be with regard to the grid plan and R-1AA zoning, Mr. Kovacs
stated the P&Z recommendation was, initially, to accommodate R-1AA
zoning with the grid pattern.
Mr. Weatherspoon moved to adopt Ordinance 108-88 on Second and
FINAL Reading, seconded by Ms. Horenburger. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - No; Ms. Horenburger - No; Ms.
McCarty - No; Mr. Weatherspoon - Yes; Mayor Campbell - No. Said motion
FAILED with a 4 to 1 vote.
Mayor Campbell declared a recess the time being 8:17 P.M. The
meeting reconvened at 8:19 P.M.
8. Ordinance No. 109-88: Ordinance No. 109-88, amending Chapter
174, "Historic Preservation" of the Code of Ordinances, is before the
Commission for consideration on Second and FINAL Reading. 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. 109-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 174, "HISTORIC PRESER-
VATION'', OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING "GENERAL PROVISIONS", SECTION
174.01, "PURPOSE", SUBSECTION 174.01(A) (15), TO PROVIDE A
CORRECTED REFERENCE TO THE FLORIDA STATUTE CONCERNING
HISTORIC SITES; BY AMENDING "GENERAL PROVISIONS", SECTION
174.02, "DEFINITIONS", TO PROVIDE FOR A DEFINITION OF
"APPURTENANCES", AND "ARCHITECTURAL FEATURES", AND TO
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268
PROVIDE FOR THE ALPHABETIC INCLUSION THEREOF, AND TO
AMEND THE DEFINITION OF "DEMOLITION", "LANDSCAPE FEA-
TURE", AND "UNDUE ECONOMIC HARDSHIP"; BY REPEALING
"CRITERIA FOR HISTORIC SITE OR DISTRICT", SECTION 174.10,
"RELATIONSHIP OF ZONING DISTRICTS"; BY ENACTING A NEW
SECTION 174.10, "DESIGNATION CRITERIA", TO PROVIDE
CRITERIA FOR THE DESIGNATION OF HISTORIC SITES AND
HISTORIC DISTRICTS; BY REPEALING "CRITERIA FOR HISTORIC
DISTRICT", SECTION 174.12, "PRESERVATION STANDARDS"; BY
REPEALING "CRITERIA FOR HISTORIC DISTRICT", SECTION
174.12, "DEVELOPMENT STANDARDS"; BY AMENDING "DESIGNATION
PROCEDURES", SECTION 174.20, "NOMINATION", SUBSECTIONS
174.20(A), 174.20(B), AND SUBSECTION 174.20(B) (1) TO
PROVIDE FOR THE NOMINATION OF HISTORIC INTERIORS; BY
REPEALING "DESIGNATION PROCEDURES", SECTION 174.23,
"LOCAL REGISTER OF HISTORICAL PLACES", SUBSECTION
174.23(D) AND SUBSECTION 174.23(E); BY REPEALING "CERTIF-
ICATE OF APPROPRIATENESS", SECTION 174.30, "BASIC RE-
QUIREMENT''; BY ENACTING A NEW SECTION 174.30, "BASIC
REQUIREMENTS", TO PROVIDE FOR A REORGANIZATION OF THE
BASIC REQUIREMENTS; BY REPEALING "CERTIFICATE OF APPRO-
PRIATENESS'', SECTION 174.31, "REVIEW GUIDELINES'; BY
ENACTING A NEW SECTION 174.31, "REVIEW GUIDELINES"; TO ·
PROVIDE FOR A REORGANIZATION OF THE REVIEW GUIDELINES; BY
AMENDING "CERTIFICATE OF APPROPRIATENESS", SECTION ~
174.32, "INITIATION AND PROCEDURES", SUBSECTIONS
174.32(A) (3) , 174.32(B), 174.32(D), AND 174.32(E) , TO
PROVIDE FOR APPROPRIATE SUBMISSION TIMES OF APPLICATIONS
AND ACTION BY THE BOARD; BY REPEALING "CERTIFICATE OF
APPROPRIATENESS", SECTION 174.33, "DEMOLITION"; BY
ENACTING A NEW SECTION 174.33, "DEMOLITION", TO PROVIDE
FOR THE REORGANIZATION OF SAID SECTION; BY AMENDING
"HISTORIC PRESERVATION BOARD", SECTION 174.40, "CREATION;
COMPOSITION", SUBSECTION 174.40(B), TO PROVIDE THAT
MEMBERS OF THE BOARD SHALL BE CITY RESIDENTS AND/OR TO
HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN THE CITY; BY
AMENDING "HISTORIC PRESERVATION BOARD", SECTION 174.40,
"CREATION; COMPOSITION", SUBSECTION 174.40(C), TO PROVIDE
FOR ADVERTISING OF VACANCIES ACCORDING TO CITY POLICY; BY
REPEALING, "HISTORIC PRESERVATION BOARD", SECTION 174.43,
"POWERS AND DUTIES", SUBSECTION 174.43(F); BY ENACTING A
NEW SUBSECTION 174.43(F), TO PROVIDE THAT THE HISTORIC
PRESERVATION BOARD SHALL ACT IN LIEU OF THE BOARD OF
ADJUSTMENT; BY REPEALING, "ADMINISTRATION AND ENFORCE-
MENT'', SECTIONS 174.50, "VARIANCES", 174.51, "AMENDMENTS
TO DESIGNATIONS" , 174 . 52, "MAINTENANCE AND REPAIR" ,
174.53, "UNSAFE STRUCTURES", 174.54, "EMERGENCIES",
174.55, "INSPECTIONS", 174.56, "UNDUE ECONOMIC HARDSHIP";
BY ENACTING A NEW PROVISION, "ADMINISTRATION AND ENFORCE-
MENT'', SECTION 174.50, "EMERGENCIES", TO PROVIDE FOR
SPECIAL MEETINGS IN THE EVENT OF AN EMERGENCY; BY ENACT-
ING A NEW SECTION 174.51, "INSPECTIONS", TO PROVIDE FOR
INSPECTIONS BY APPROPRIATE CITY DEPARTMENTS; BY ENACTING
A NEW SECTION 174.52, "BUILDING CODES ENFORCEMENT", TO
PROVIDE GUIDANCE TO THE CHIEF BUILDING OFFICIAL CONCERN-
ING THE ENFORCEMENT OF STANDARD BUILDING CODES; BY
ENACTING A NEW SECTION 174.53, "UNDUE ECONOMIC HARDSHIP",
TO PROVIDE CLARIFICATION OF THE PROCESSES USED TO DETER-
MINE UNDUE ECONOMIC HARDSHIP; BY ENACTING A NEW SECTION
174.54, "VARIANCES", TO PROVIDE GUIDELINES FOR THE
GRANTING OF VARIANCES; BY REPEALING "ADMINISTRATION AND
ENFORCEMENT", SECTION 174.99, "PENALTY"; BY ENACTING A
NEW SECTION 174.99, "PENALTY" TO PROVIDE CLARIFICATION OF
THE JURISDICTION OF THE CODE ENFORCEMENT BOARD TO HEAR
VIOLATIONS OF THIS CHAPTER; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
(Copy of Ordinance No. 109-88 is on file in the official
Ordinance Book)
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269
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. Weatherspoon moved for the adoption of Ordinance No. 109-88
on Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll
call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 5 to 0 vote.
9. Ordinance No. 110-88: Ordinance No. 110-88, amending Title 3
"Administration" of the Code of Ordinances relative to landlord permits,
is before the Commission for consideration on Second and FINAL Reading.
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. 110-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRATION",
CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", SECTION ~
37.02, "ENFORCEMENT OF CERTAIN CODES AUTHORIZED", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ENACTING A NEW SUBSECTION (K) TO PROVIDE DELRAY BEACH ~
CODE ENFORCEMENT BOARD WITH JURISDICTION OF VIOLATIONS OF
CHAPTER 117 DEALING WITH LANDLORD PERMITS; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 110-88 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 compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida.
A citizen questioned the meaning of the landlord permit and
what it consists of. Mayor Campbell stated if he has a rental unit, he
is now required to obtain a landlord permit. He suggested if he needed
more explicit information, Code Enforcement or the City Manager's Office
would be happy to help him.
The public hearing was closed.
Ms. Horenburger moved for the adoption of Ordinance No. 110-88
on Second and FINAL Reading, seconded Ms. McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. ~aid
motion passed with a 5 to 0 vote.
10. Ordinance No. 118-88: Ordinance 118-88, amending Chapter 51
"Garbage and Trash" of the Code of Ordinances relative to increasing
fees, is before the Commission for consideration on Second and FINAL
Reading. 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. 118-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING "RATES AND CHARGES", "REGULAR
CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND
TRASH SERVICE CHARGES AND FEES; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
(Copy of Ordinance No. 118-88 is on file in the official
Ordinance Book)
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270
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.
Reverend Randolph, questioned the amount of fees in the past
and what the proposed fee is to be. Mayor Campbell stated the answers
are set forth in the ordinance and the City Clerk will be glad to see
that he has a copy.
The public hearing was closed.
Ms. McCarty moved for the adoption of Ordinance No. 118-88 on
Second and FINAL Reading, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
PROCEDURAL ITEMS
ll.A.1. Gerald Phillipi, Community Action Committee of High Point
representing the seventh section of High Point, stated he would like to
discuss the beautification of Atlantic Avenue from 1-95 to Military
Trail. He understands this is on hold due to a widening of Atlantic
Avenue. In view of the large expenditure of taxpayers money h· is
requesting some type of answer to give the residents of High Point.
Mayor Campbell suggested he contact the City Manager's office as he has
the current update on the program and any legal problems facing the
City.
ll.A.2. Mark Perry, representing Donald Cagney, stated he has previous-
ly spoken with the City Attorney's office as well as staff members of
Planning and Zoning, Engineering and the Building Department regarding a
couple of lots in Seagate Extension along A1A that were purchased by his
client. He was given approval in writing for the redrawing of the lines
of two lots by the Planning Department and the Engineering Department,
and this is what they did. He then received an opinion from the City
Attorney stating that the action taken was illegal replatting. He is
now hoping to be able to work with the City and get this problem re-
solved.
Upon question by Mayor Campbell as to whether this will be
discussed later in the meeting, the City Attorney stated he would bring
this up under his item.
Paul S~eicher, stated he is protesting the lengthy construction
of the 300 block of East Atlantic Avenue. He requested the Commission
seek some relief for the business area. Mayor Campbell stated the City
Manager will be asked to give an update on the construction schedule and
perhaps he can contact him.
ll.B.1. Ms. McCarty questioned the status of a possible dumpster
ordinance for the beach property residents. The City Attorney stated
the draft is completed and is ready for consideration by the Commission.
The City Manager suggested it could be put on the agenda for first
reading or can be scheduled for a workshop..
ll.B.2. Ms. McCarty also questioned the status of the ordinance drafted
regarding lawn maintenance. The City Manager stated it will be sched-
uled for a workshop.
ll.B.3. Ms. McCarty stated the height of the palm trees installed on
Atlantic Avenue has been brought to her attention. There seems to be
concern that when these trees are unwrapped, the palm fronds are going
to be brushing the windshields of cars.
ll.B.4. Ms. McCarty stated in the City Manager's report there is
information on articles relative to City Manager evaluation and action
of other cities. It is her hope the Commission, by consensus, will set
up a workshop soon in order to discuss his evaluation and the process to
be used for evaluating performance standards. Discussion followed
regarding the use of professional guidance.
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271
ll.B.5. Ms. McCarty suggested the items of Claims and Litigation,
Settlement Authority and Purchasing matters be placed on an upcoming
workshop, per the memo from the City Attorney, requesting further policy
direction.
ll.B.6. Ms. Horenburger. expressed a desire that the varied items of
information contained in their packets received each week be color-coded
in order to help the Commission get through the paperwork. She also
requested the mail be distributed to the Commission meetings or to their
homes on Wednesdays when there is no scheduled meeting on Tuesday.
ll.B.7. Ms. Horenburger stated, as a member from the City on the Board
of Trustees of the Morikami Museum, she is requesting the presentation
of a gift coming from the museum representing Delray's sister city of
Miyazu be placed on the next agenda.
ll.B.8. Ms. Horenburger questioned if the problem with the Mae Volen
Senior Citizen Center and the acquisition and disposal of the vehicle
has been resolved. The City Manager stated the Center is trying to
return the vehicle and he is checking on this.
ll.B.9. Ms. Horenburger questioned if the problem with the newsracks
can be put on an upcoming workshop. She feels the recent Supreme Court
decision should help in their effort to clean up some of the areas where
these newsracks are being used in inappropriate places.
ll.B.10. Ms. Horenburger questioned if the LC zoning is being moved on,
or are the commercial districts being reviewed. Mr. Kovacs stated if
the City ~ommission collectively feels the priorities should be to
reconstruct the commercial district, that is what the Planning and
Zoning Department will do. The LC zoning is underway.
ll.B.11. Ms. Horenburger stated she is hoping a closer look can be taken
to one-way streets in the beach area.
ll.B.12. Ms. Horenburger stated she is aware the comprehensive planning
is going along with regard to the traffic performance standards, but
questioned the projection date in some form that can be adopted. Mr.
Kovacs stated they are now doing the level of service designations on
the street systems along with goals and policies and they intend to
bring all the information to the Commission and the draft document,
hopefully, will be done in January.
Ms. Horenburger stated her concern is that if the traffic
performance standards pass on the ballot in November, the County will
very shortly be proposing an ordinance to affect traffic performance
standards county-wide. She would like the Planning and Zoning Board to
be completed with their work, in order that in December the Commission
can either workshop or look at First Reading of an ordinance. This will
enable the City to go before the County and asked to opt out with regard
to traffic performance standards, particularly Swinton Avenue to allow
it to remain and not be required to widen it. She feels the City should
be proactive before the County ordinance goes into effect.
ll.B.13. Mr. Weatherspoon stated he feels there is a movement with the
Economic Development Committee and others to encourage Palm Beach
Community College to use the vacant Winn Dixie Building as a short term
solution. It is also an ideal place for a parking garage, looking at
long term possibilities.
Norm Radon, representing Pineapple Grove, stated he feels the
City needs to build inventories on certain properties, thus making it
easier for the property to be utilized without paying thousands of
dollars to acquire in the future.
ll.B.14. Mr. Weatherspoon stated he understands some of the employees
are now deputized to register citizens to vote and questioned if there
· are signs available to inform the public of this service. The City
Manager stated he will see that there are some signs posted.
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272
ll.B.15. Mr. Weatherspoon expressed thanks to the Police Department and
staff for their efforts on N.W. 8th Avenue in discouraging persons who
desired to set up business without licenses.
ll.B.16. Mayor Campbell requested an update in the coming week regarding
allowing Board meetings to be taped and not require staff to spend hours
transcribing those. The City Manager stated there will be something in
the Manager's report. He does not feel there is a legal problem.
ll.C.1. The City Attorney stated the issue before us is whether or not
the current Code of Ordinances permits Flag Lots or that type of lot
configuration in Seagate Extension and the answer is no. That is not to
say, however, that staff does not support the concept. He reported the
City could go forward with an ordinance to permit those kinds of things,
but he needs direction from the City Commission; however, he is unable
to draft the ordinance and have it adopted before the end of October. A
Flag lot is a lot which has a portion that runs connected to another
one. If it is the position of the Commission to permit that type of lot
configuration, it can be drafted and appear on the agenda for October
llth. He questioned if the Commission wished to do anything in the
interim.
Don Ca~ney, stated approval has been granted from Planning and
Zoning and the Engineering Department, with two conditions, which~re:
Obtain a unity of title and provide access to the back lot. Mr. C~gney
stated he has a contract for building and construction was to have
started today. The City Attorney questioned if the Commission would
like him to draft an ordinance to permit that kind of lot configuration.
M~. Horenburger questioned if there is a philosophical reason
why this is a problem within the zoning code. Mr. Kovacs advised that
all lots are to have frontage.
The consensus of the Commission was to have the City Attorney
draft an ordinance.
ll.D.1. The City Manager stated Item No. 35 contains a corrected
resolution on the Delray Mazda issue and Item No. 38 contains an updated
agreement for the Old School Square which supersedes the draft agreement
in the agenda. He requested on Item No. 20 the names of Jean Beer,
Helene Eggleman and Edith Jennings be added and that Item No. 43A be
added to the agenda, which is a request to travel from the Historic
Preservation Board Chairperson, Pat Healy, not to exceed $860 per
person.
The City Attorney stated Item No. 44G. of the Consent Agenda
shows $57,000 and it should be $57,500.
12. Mayor Campbell stated, in addition to adding Item No. 43A., he
would like Item No. 31 to be placed at the end of the Regular Agenda so
a brief comment can be made. Ms. McCarty requested that Item Nos. 42
and 43 be removed from the Consent Agenda and placed on the Regular
Agenda.
Mr. Kovacs stated that Mr. Wheeler, representing the applicant,
with regard to Ordinance No. 108-88, would like to have the item recon-
sidered with a zoning designation of R-1AAA. Mayor Campbell stated it
will be considered as Item No. 13.A.
Ms. Horenburger moved for approval of the agenda, as modified,
seconded by Ms. McCarty. Upon roll call the Commission voted as fol-
lows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
Mr. Weatherspoon moved for approval of the minutes of the
Regular Meeting of August 23, 1988, and the Special Meeting of August
-30, 1988, seconded by Ms. Brainerd. Upon roll call the Commission voted
as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
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273
Before roll call the following discussion was had:
Ms. Brainerd requested a correction be made on the minutes of
August 23, 1988, on the time of adjournment. It should have been 12:55
A.M., not 12:55 P.M.
Ms. Horenburger stated she would like to go on record with
reference to Page 12, Item 16.B.8., of the Minutes of August 23, 1988,as
there was some question raised at the previous meeting regarding the
Process Consultant and the Commission was informed by the City Manager
that the City would be going forward with that.
Ms. McCarty stated, with reference to the same item, she was
the one who asked what was happening and the City Manager did advise the
Commission of the situation of a Process Consultant and that some money
was going to be expended. She would like to know with what authority
the City Manager was given to do that and at what point that was decid-
ed. She was told it was discussed at the previous meeting and there was
no reference to it at the previous meeting.
At this point the roll was called to the motion.
13.A. Ordinance 108-88:
Ms. Brainerd moved to reconsider Ordinance No. 108-88, seconded
by Ms. Horenburger. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
The City Attorney advised Ordinance No. 108-88 is before the
Commission for First Reading consideration. Second and FINAL Reading
will be held after being readvertised.
Mayor Campbell left the Commission Chambers at this time and
Vice-Mayor Weatherspoon took the Chair. '
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LYING AND BEING IN SECTION 8, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, WHICH
LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID
CITY; SAID LAND IS LOCATED ON THE WEST SIDE OF N.W.4TH
AVENUE, BETWEEN N.W. 12TH STREET AND N.W. 13TH STREET;
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 R-1AAA (SINGLE
FAMILY DWELLING) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
The City Attorney read the caption of the revised ordinance.
Ms. Horenburger moved for the adoption of revised Ordinance No.
108-88 on First Reading, seconded by Ms. McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed
with a 4 to 0 vote.
Before roll call the following discussion was had:
Mr. Kovacs requested that since there is no written request,
could Mr. Wheeler please acknowledge on the tape for the record that he
had voluntarily requested this rezoning.
Mr. Wheeler stated we are voluntarily requesting rezoning to
R-1AAA from R-1AA.
At this point the roll was called to the motion.
FIRST READINGS
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14. Ordinance No. 119-88: Ordinance No. 119-88, designating the
Seaboard Airline Railroad Station as an Historic Site, is before the
Commission for consideration on First Reading. If passed, a public
hearing will be held October llth.'
The City Manager presented Ordinance No. 119-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING AN AREA LOCATED IN SECTION
18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, NORTH OF ATLANTIC
AVENUE, WEST OF 1-95 AND EAST OF THE SEABOARD AIRLINE
RAILROAD, A/K/A HISTORIC DEPOT SQUARE, AN HISTORIC
PRESERVATION DISTRICT; AMENDING THE ZONING MAP OF DELRAY
BEACH, FLORIDA, 1983; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Ms. Horenburger moved for the adoption of Ordinance No. 119-88
on First Reading, seconded by Ms. McCarty. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Vice-Mayor Weatherspoon - Yes. Said motion passed with a
4 to 0 vote.
Before roll call the following discussion was had:
Ms. Brainerd stated she supports this and hopes in the future
it is the site of the Tri-County Rail Stop.
At this point the roll was called to the motion.
15. Ordinance No. 120-88: Ordinance No. 120-88, rezoning property
known as Miller Field from R-lA and MF-10 to CF, is before the Commis-
sion for consideration on First Reading. If passed, public hearing will
be held October llth.
The City Manager presented Ordinance No. 120-88:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED
R-1AA (SINGLE FAMILY DWELLING) DISTRICT, IN PART, AND
RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN PART, IN CF
(COMMUNITY FACILITIES) DISTRICT FOR A PARCEL OF LAND
LYING AND BEING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE
43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA; SAID
LAND IS LOCATED SOUTH OF LINTON BOULEVARD AND NORTH OF
DOTTEREL ROAD, IF EXTENDED EASTWARD, BETWEEN THE F.E.C.
RAILROAD AND S.W. 4TH AVENUE, IF EXTENDED SOUTHWARD, AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mayor Campbell returned to the Commission Chambers at this
time.
Ms. Horenburger moved for the adoption of Ordinance No. 120-88
on First Reading, seconded by Ms. Brainerd. Upon roll call the Commis-
sion voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Upon question, Mr. Kovacs explained this is the zoning classi-
fication that, as the P&Z Board reviewed the zoning and the implications
of the zoning, they did note there was prior direction that S.W. 4th
Avenue should be continued to the site; they have recommended that S.W.
4th Avenue not be included in the site plan development.
At this point the roll was called to the motion.
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275
16. Withdrawn
REGULAR AGENDA
17. Resolution No. 58-88: Resolution No. 58-88, relative to Scrub
parcel, is before the Commission for consideration.
The City Manager presented Resolution No. 58-88:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO, WITH
THE SELLERS AND PALM BEACH COUNTY, FLORIDA, AN OPTION TO
PURCHASE AGREEMENT FOR THE JOINT PURCHASE OF AN 11.6 ACRE
PARCEL OF VACANT LAND LOCATED WEST OF AND ALONG THE FEC
RAILROAD TRACKS AT THE EASTERN TERMINUS OF CURLEW ROAD IN
DELRAY BEACH, FLORIDA, ALSO KNOWN AS THE "SCRUB PARCEl",
HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND
TERMS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH, FLORIDA AND PALM BEACH COUNTY, FLORIDA AND
THE TERMS AND CONDITIONS OF THE OPTION TO PURCHASE
AGREEMENT BETWEEN THE SELLERS, THE CITY OF DELRAY BEACH,
FLORIDA AND PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 58-88 is on file in the official
Resolution Book) ~
Ms. Brainerd moved for the adoption of Resolution No. 58-88,
seconded by Ms. Horenburger. Upon roll call the Commission voted as
follows: M~. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
Upon question by Mr. Weatherspoon, the City Attorney advised
the City is purchasing an option and will get credit towards that. If
the City fulfills its portion of the bargain, it will be able to get the
funds back whether the County fulfills its portion or not. If the
County does not exercise their option, the entire thing falls apart.
Mr. Weatherspoon questioned if both parties exercise their option and,
at a later time, one party decides not to continue, what happens to the
money. The City Attorney advised the City has a first option refusal.
Assistant City Attorney Ruby stated there is an opportunity for the City
to go ahead with it, using the County's option money already put down.
The City Attorney advised the City could buy the County's share and the
City could take it over completely.
The City Attorney advised it will be necessary to have a vote
on each individual item.
17.A. Authorize Purchase of Property.
Ms. Horenburger moved for approval to authorize purchase of the
property, seconded by Ms. Brainerd. Upon roll call the Commission voted
as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
17.B. Approval of the Option to Purchase.
Ms. Brainerd moved for approval of the Option to Purchase,
seconded by Ms. Horenburger. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
17.C. Approval of Interlocal Agreement.
Ms. Horenburger moved for approval of the Interlocal Agreement,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
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f i~ _
276
17.D. Approval of memo of Real Estate Option Agreement.
Ms. Horenburger moved for approval of the Real Estate Option
Agreement, seconded by Ms. Brainerd. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
17.E. Motion to exercise the option to be effective on October 4th.
Ms. Brainerd moved for approval to exercise the option to be
effective on October 4th, seconded by Ms. Horenburger. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Ms. Horenburger expressed her thanks to Ms. Brainerd for
bringing this to the attention of the Commission and making it the first
Wilderness Island to be bought and preserved in Palm Beach County
through the Wilderness Island program. ~.
Ms. Brainerd commended Ms. Horenburger for her time spent~with
staff members, County Commissioners and attending meetings making ~sure
that the less glamorous part happened.
At this point the roll was called to the motion.
18. A~len Avenue Water Connection Charges: The Allen Avenue water
connection charges is before the Commission for consideration.
The City Manager stated this item requires direction from the
Commission. There is a recommendation from staff in order to expedite
the installation of water service along Allen Avenue and due to the
imminent annexation through the Enclave Act, the City proposed that the
traditional standard water service agreements that are ordinarily
required of non-City properties be waived. The City Attorney stated
that it is possible the Enclave Act will not be sustained in the current
litigation. Should this happen, the City would have no vehicle to
require annexation of these properties along Allen Avenue. The City
Attorney suggested direction from the Commission be obtained as to
whether it is more important to get water service along Allen Avenue
immediately than to ensure annexation. Should the City not be success-
ful in court, the City could opt to waive the agreement. If the Enclave
Act should be overturned, the City should use the standard water service
agreement approach. Staff is proposing that the City installation rate
be used.
Mayor Campbell left the Commission Chambers at this time and
Vice-Mayor Weatherspoon took the Chair.
Mr. Weatherspoon questioned what delay will be caused by
imposing the water service agreement on the entire process. The City
Manager stated there are 17 agreements now and it will be coming before
the Commission as an agenda item on October llth. Mr. Kovacs stated
there are 32 properties along the Avenue, but if the agreement is done,
it needs to be amended if the full fees are not to be imposed. It is
his understanding if the Enclave Act is overthrown half the properties
are not required to annex.
Ms. Horenburger stated she feels it is worth the risk due to
the horrendous water problem on Allen Avenue.
Ms. Brainerd stated while she is not insensitive to the water
conditions on Allen Avenue, she reminded everyone the Visions 2000
consensus was very strong in its request that the City not do just what
is being contemplated.
Ms. Horenburger moved to not require water service agreements
for Allen Avenue and to allow the connections at in-City Rates and bill
the properties at in-City rates, seconded by Ms. McCarty.
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277
Ms. McCarty questioned what precedent will be set for everyone
else. Mr. Kovacs stated the extenuating circumstances cited is this is
the last property under the Enclave Act and the annexations will be
completed in two months. The options are to wait for two months or take
care of the problem now.
Mayor Campbell returned to the Commission Chambers at this
time.
Mr. Weatherspoon stated due to the circumstances of the situa-
tion, he supports the motion.
Ms. Brainerd questioned why the in-City rate is being proposed
for residents not in the City when this is not the normal procedure.
The City Manager stated the alternative would be to wait until December
and charge the in-City rate, but the water quality is so bad, ~he need
to expedite is urgent.
The City Attorney advised if the Commission is going to allow
in-City rates for out-of-City customers, it will be necessary for them
to come up with a factual distinction so that is a different class of
customer.
Ms. Horenburger amended her motion to allow the connections to
be out-of-City and that the properties will be billed at out-of-City
rates, Ms. McCarty amended her second. Upon roll call the Commission
voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty
- Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 tQ 0 vote.
19. Consideration of the Establishment of a Separate Plannin~
Commission: The Commission is to consider the establishment of a
separate Planning Commission.
Mayor Campbell stated his basic reasons for feeling why there
should be a separate Planning Commission; one being the distinction
between long range planning, building and zoning matters. With regard
to the site plan process, he feels the functions of the Board of Adjust-
ment and the Community Appearance Board could be consolidated in order
that someone who is going to obtain a building permit and a site plan
approval, could accomplish this with a one-stop shopping board. He
feels if that works well, ultimately the City may be able to phase the
Community Appearance Board and the Board of Adjustment function into the
new Building and Zoning Board with the idea of trying to make develop-
ment in the City as smooth as possible. He feels the Board of Adjust-
ment has been abused by the community. Under the new plan, the Building
and Zoning Board will be allowed to issue technical deviations of the
code on the grounds and merits of what is taking place. There are many
details that need to be worked out and he is requesting that, if there
is a consensus, the staff and members of other boards look into some of
the ideas and give it serious consideration. He would then like it to
come back on a workshop agenda in approximately 30 days.
Mr. Weatherspoon stated he is not opposed to the idea, but
shortly after Mr. Kovacs was hired, he implemented some ideas with
regard to time frames. The City is now in the midst of the Comprehen-
sive Land Use Plan change, the work is overwhelming and he does not feel
this is the time to make drastic changes. He also feels Planning and
Zoning is not two separate entities and does not favor splitting that
into two boards.
Ms. Brainerd stated she would be most interested in looking at
this in a workshop for an opportunity to review this possibility. Ms.
Horenburger concurred.
Ms. McCarty stated she feels the current Boards should be
reviewed and their goals and missions redefined.
Mayor Campbell stated there is a consensus to bring this back
in approximately one month on a workshop and he would appreciate some
staff input.
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278
20. Appointments - Planning & Zoning Board: The Commission is to
consider appointments of five members to the Planning & Zoning Board to
terms ending September 28, 1990.
The City Manager questioned Elizabeth Arnau, City Clerk, if
there are any others who have expressed an interest in Planning and
Zoning Board membership but are presently serving on other boards. Ms.
Arnau stated she would review the applications, as there may be some
serving on other boards.
Ms. Horenburger moved for the reappointment of Bill Andrews and
James Shuler to the P&Z Board to terms ending September 28, 1990,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
Ms. Brainerd moved for the appointment of Helen Coopersmith to
the P&Z Board to a term ending September 28, 1990, seconded by Ms.
Horenburger. Upon roll call the Commission voted as follows: Ms.
Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weath~rspoon - Yes; Mayor Campbell - Yes. Said motion passed wit~a 5
to 0 vote. ~
Ms. Horenburger moved for the appointment of David Schmi~ito~
the P&Z Board to a term ending September 28, 1990, seconded bY'~ Ms~
McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd -
Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
Mr. Weatherspoon moved for the appointment of Digby Bridges to
the P&Z Board to a term ending September 28, 1990, seconded by Ms.
McCarty. Upon roll call the Commission voted as follows: Ms. Brainerd -
Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - No. Said motion passed with a 4 to 1 vote.
Before roll call the following discussion was held:
Mayor Campbell advised that the City has a policy regarding
members moving outside the City and he cannot support this nomination.
At this point the roll was called to the motion.
21. Delray Beach Entrance Signs: A request for approval from the
Beautification Task Force for proposed signs to be placed at the north
and south U.S. Highway No. 1 entrances to the City and allocation of
funds, is before the Commission for consideration.
John McKenna, Chairman for Beautification Task Force, stated
they would like to express thanks to Mark Little of Bright Image Signs
and Digby Bridges, who have voluntarily given of their time for the
design.
Ms. Brainerd questioned if the signs will be a maintenance
consideration. Digby Bridges, Architect, stated the signs will be
virtually maintenance free, with the exception of occasionally repaint-
ing the stucco. The City Manager stated the City will be responsible
for the maintenance.
Ms. Brainerd questioned other projects mentioned in the memo
relative to financing or transfer of funds from the Utility Tax fund and
at what point does the Commission consider this. The City Manager
stated this can be workshopped and made a part of the capital improve-
ments. He also confirmed the transfer of funds has been approved from
the Utility Fund to the Operating Fund for the signs.
Ms. Brainerd moved for approval of the sign design installation
and funds not to exceed $20,000, seconded by Mr. WeathersPoon. Upon
roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 5 to 0 vote.
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279
2. Conditional Use Permit Request (CU 6-~44): A request for
approval of a conditional use and site and development plan for an
Atlantic Avenue Car Wash at the southwest corner of Atlantic Avenue and
S.W. 9th Avenue, is before the commission for consideration.
The City Manager stated the applicant had requested this be
postponed pending reassessment of the site plan; there has been no
further communication and staff recommends denial of the conditional
use.
Ms. Brainerd moved for denial of the conditional use request,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCartv - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
23. Conditional Use Permit Request (CU 6-252): The Commission is
to consider a request for approval of a conditional use and attendant
site plan for the Exxon Station at Linton Boulevard and S.W. 4th Avenue.
The P&Z Board recommend approval, subject to the following conditions:
1) That the proposed modification provide a minimum of 100
feet of clear stacking distance along the south accesswa¥
be made and processed under the procedures for a "non-
impacting site plan modification". ~
2) That screening gates be provided for the dumpsters.
3) That a final plat for the entire holdings must be ap-
proved, with financial guarantees in place, Drior to
issuance of any building permit.
The City Manager stated Dan Burns Oldsmobile is requesting a
conditional use and attendant site plan for property located at Linton
and S.W. 4th Avenue on which they propose to build an Exxon service
station. The P&Z Board, at its September 19th meetinq, recommended
approval subject to conditions.
Kiernan Kilday, representing Dan Burns, stated he will be happy
to answer any questions or provide further explanation.
Mayor Campbell stated this is not his preferential choice in
upgrading Linton Boulevard and will not vote for this type of station at
this time.
Mr. Kilday presented a site plan and stated the elevation has
been before CAB with the exception of a major change on the circulation
pattern.
Mayor Campbell suggested Mr. Kilday and Mr. Burns look at the
Shell station on Andrews Avenue just south of Glades Road and would
recommend this item be postponed until October llth to see if some
accommodation can be made.
Ms. Horenburger moved to postpone this item until October llth,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburqer - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
24. Site and Development Plan - Kentucky Fried Chicken: The
Commission is to consider a request for approval of a site and develop-
ment plan for Kentucky Fried Chicken at Linton Boulevard and S.W. 4th
Avenue. The P&Z Board recommend approval subject to the following
conditions:
1) Provision of one additional interior tree.
2) That a final plat be approved for the entire holdings and
financial guarantees in place prior to issuance of a
building permit.
The City Manaqer stated this is a companion to the earlier site
on which a fast food site will be developed and does not require condi-
tional use.
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280
Mr. Kilday showed the elevation and stated the only signage
will be on the facing of the roof. There is a pylon sign planned for
the entrance on the east side. Upon question by Mr. Campbell, it was
agreed that a monument sign could ~be used.
Ms. Horenburger moved for approval, subject to conditions,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
25. Conditional Use Permit Request (CU 6-258): A request for
approval of~a conditional use for Tietzman Child Care on the south side
of Germantown Road, on the north side of the L-37 Canal and west of the
Andover Subdivision is before the Commission for consideration. The P&Z
Board recommended denial at its September 19th meeting.
The City Manager stated this is an application for a child care
center off Germantown Road on property that was recently annexed into
the City. The P&Z Board feels the intensity of use is incompatible with
proposed development in the area. In addition to the compatibility, the
charaqter of Old Germantown Road was identified as being dramatically
changed and would require widening and turn lanes at this location.
Reginald Harris, representing the Tietzmans, stated he ~Ould
like to emphasize that most of the negative connotations geared toward
the facility originated from the single family homes in the area. The
applicant is willing to do everything possible to upgrade the property
to accommodate the requirements. The five buildings on the property are
residentially designed and will blend in favorably with the single
family homes.
Semmie Taylor spoke in favor of the Tietzman Child Care facili-
ty and requested that the Commission give serious consideration to
approval of this.
Sol Tietzman, applicant, stated the property was in the County
in January of 1988 and had a conditional use of a vocational school with
boarding facilities. He feels there is a definite need.
Ms. Brainerd agreed that the Commission is very sensitive to,
and interested in, the issue of child care and has authorized giving
land for the purpose of developing child care centers. She feels it is
not the center, but the location.
Mr. Weatherspoon requested a clarification from staff on their
comment of "too intense use". The City Manager stated the property is
considered adjacent to a residential area and the P&Z Board felt the
amount of traffic going to and from the property caused an incompatibil-
ity. Mr. Weatherspoon stated he feels a child care center should be
able to locate anywhere in the City as long as it is landscaped and
finished in good taste.
Ms. Horenburger stated she feels if Germantown Road was not
being used as a thoroughfare at the peak hours in the morning and
evening, there would be less concern about the location. She feels
there are other problems; basically, that there is no relief off Con-
gress Avenue south of Linton Boulevard, except for Germantown Road, and
the City needs to look for another access to Military Trail.
Ms. Brainerd moved for denial of Conditional Use 6-258, second-
ed by Ms. Horenburger. Upon roll call the Commission voted as follows:
Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a 4 to
1 vote.
26. Site and Development Plan - On-Site Concrete. The Commission is
to consider a request for approval of a site and development plan for
On-Site Concrete, off Depot Road by Mack Industries. The P&Z Board
recommend approval subject to the following conditions:
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1) Extension of the eight inch water main to the southern
property line and installation of fire hydrants at a
maximum spacing of 300' of road travel along that water
main.
2) Approval of a final plat to be accomplished prior to
issuance of a building permit. In addition to normal
requirements the plat submittal is to include construc-
tion plans for the water system and access improvements
(from Depot Road). (Said plat is to include the total
2.3 acres and provide for new boundaries for the two
parcels).
3) Provision of a traffic statement (with the plat submit-
tal) and compliance with recommendations contained within
it or imposed after its review. Recommendations will
include that "On-Site Concrete" be responsible for any
damage or deterioration of Depot Road which' can be
assigned to use by the concrete trucks.
4) Upgrading of "Tract A" to Code through implementation of
those improvements outlined under Standards #5 and #3 of
the Planning and Zoning Board's Staff report. Site plans
for this upgrading are to be provided with the prelimi-
nary plat submission.
5) That the scope of the operation be limited to four
concrete trucks, 25' height limitation on the silo,~ and
the sand and gravel storage piles are not to excee~ the
height of their screening wall.
The City Manager stated this involves a tract of land located
just west .of 1-95 and south of Lake Ida Road for development of a
concrete plant facility.
Mr. Weatherspoon moved for approval of site and development
plan for On-Site Concrete, seconded by Ms. McCarty. Upon roll call the
Commission voted as follows: Ms. Brainerd - No; Ms. Horenburger - No;
Ms. McCarty - No; Mr. Weatherspoon - No; Mayor Campbell - No. Said
motion FAILED with a 5 to 0 vote.
Before roll call the following discussion was had:
Ms. McCarty expressed concern relative to the impact on the
adjoining neighborhood of Jefferson Manor. There has been much discus-
sion about the current concrete plants just west of 1-95 and she does
not feel she can perpetuate something the City now has too much of.
Upon question by Ms. Horenburger, the City Attorney advised the
traffic intensity, buffer of the site from abutting properties and the
buffer from the access way to the site are factors to be considered that
are site plan related.
Discussion followed regarding the environmental conditions.
At this point the roll was called to the motion.
27. Paving of front yard area for Parking purposes: The Commission
is to consider the paving of front yard areas for parking purposes. The
P&Z Board recommended no action.
The City Manager stated he feels the P&Z Board is saying to
address the problem at all will create an inconsistency in the approach
being taken on developments in other locations and would create the need
for a number of variances.
Mayor Campbell stated if there is a single family or duplex lot
that is not in a PUD zoning district that has its own covenants or
restrictions, he does not see what the problem is. Until the Commission
receives some guidelines, he urged them to direct the Building Depart-
ment to refrain from issuing building permits to single family homes or
duplexes when at least more than 50% of the front yard is covered with
paving.
Ms. McCarty stated the back up material states the solution
would be to require, in a single family zoning district, that all
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282
required parking be provided on the site in an area other than the
required front yard setback.
Ms. Brainerd expressed 'concern for sites where there is no
other parking area except that which requires backing out into a street.
Ms. McCarty moved to approve that all required parking be
provided on sites in single family zoning districts in other than
required front yard setbacks, seconded by Ms. Brainerd. Discussion
followed.
Ms. Horenburger made a substitute motion to require that, in
single family zoning districts, all required parking be provided on the
site in an area other than in the required front yard setback and that
paved driveways cannot take up more than half of the front setback,
seconded by Ms. Brainerd. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - No; Mayor Campbell - Yes. Said motion passed with a
4 to 1 vote.
28. Contract Position for Afterschool Program: Approval of a
contract from October, 1988 to August 1989 for a Recreation Supervisor I
for Afterschool Program at Carver School, Pompey Park and the Civic
Center, is before the Commission for consideration.
The City Manager stated this is in pursuit of the grant re-
ceived through the Park and Recreation Department for afterschool child
care that is offered. This provides for staffing through a contract and
requires Commission approval.
Mayor Campbell left the Commission Chambers at this time and
Vice-Mayor Weatherspoon took the Chair.
Ms. Horenburger moved for approval, seconded by Ms. McCarty.
Upon roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
Horenburger - Yes; Ms. McCarty - Yes; Vice-Mayor Weatherspoon - Yes.
Said motion passed with a 4 to 0 vote.
29. Merit Review for City Attorney: A merit review for the City
Attorney, at the request of Commissioner Brainerd, is before the Com-
mission for consideration.
Ms. Brainerd stated she is aware that in accordance with the
merit increase provisions, there will be increases coming to both the
City Manager and the City Attorney, but she feels it is necessary to
look at the City Attorney's compensation separately. She feels he
should be given a performance bonus in the amount of $2,000.
Mayor Campbell returned to the Commission Chambers at this
time.
Ms. Horenburger moved for approval of the performance bonus in
the amount of $2,000, seconded by Ms. Brainerd. Upon roll call the
Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes;
Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
Before roll call the following discussion was had:
Mr. Weatherspoon questioned how this amount equates with the
general employee. The City Manager stated it would be slightly less
than the budgeted 7.3 percentage of dollars anticipated to be used for
salary increases. The average really does not exist, but the budget
dollars that are allocated for salary increases this year is 7% over and
above the wages of the previous year.
At this point the roll was called to the motion.
30. Recommendation for Fluoridation of City Water: The Commission
is to consider a staff recommendation for the fluoridation of City
water.
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283
Mr. Weatherspoon moved for approval of staff recommendation for
the fluoridation of City water, seconded by Ms. Horenburger. Upon roll
call the Commission voted as follows: Ms. Brainerd - Yes; Ms. McCarty -
No; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 3 to 1 vote. (Ms. Horenburger left the Commission Chambers
before roll call).
Ms. Horenburger left the Commission Chambers at this time.
Before roll call the following discussion was had:
The following citizens came forward and spoke against the
fluoridation of City water: Patricia Morrell, Reverend Randolph,
Darrell Stroud, the daughter of Darrell Stroud and Virginia Stahl.
Upon request by Mr. Weatherspoon, Dr. Robert Dunbau~h; Dental
Director for the Palm Beach County Health Department, stated the area
referred to by the Stroud family had a natural concentration of fluoride
of about nine parts per million. That area was directed to reduce that
amount and defluoridation plants were built. The Environmental Pro-
tection Agency has just expanded the amount of allowable fluoride
concentration in drinking water based on national experience and~ the
City of Delray is well within the allowable concentration recommended.
Dr. Dunbaugh stated, as a Board Certified Public Health de~%ist
who has practiced dental health for 22 years, he has stayed abreast of
the latest in preventive dentistry techniques and requests the staff
recommendation be heeded and the Commission approve this project.
At' this point the roll was called to the motion.
31. Pa.yments to Little League and Fourth of Jul~ Committee: The
Commission is to consider approval retroactively of payment of $5,000 to
Little League and $4,400 overtime for Fourth of July activity.
Mayor Campbell stated he is voting on this for audit purposes,
so there is no problem with the annual audit with the City. He also
feels it should be clarified that technically the payment for the Fourth
of July was made to the Fourth of July Committee.
Mr. Weatherspoon moved to approve the payment to the Little
League and the Fourth of July Committee, seconded by Ms. McCarty. Upon
roll call the Commission voted as follows: Ms. Brainerd - Yes; Ms.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 4 to 0 vote.
Ms. Horenburger returned to the Commission Chambers at this
time.
42. Establishment of Scenic Route along Swinton, north from St.
Paul's Episcopal Church to the north City Limits: The Commission is to
consider the establishment of a scenic route along Swinton Avenue, north
from St. Paul's Episcopal Church to the north City limits.
Ms. McCarty stated there are interested residents who have
comments with regard to the boundaries and requested that she place this
on the Regular Agenda.
Virginia Snyder, expressed concern, as a member of the Historic
Property Owners Group, about the scenic drive designation of not widen-
ing Swinton Avenue, but stopping at South 2nd Street. They are worried
about the next eight blocks to 10th Street and would like to see it as a
whole with a natural ending on the south end of 10th Street and a
natural ending on the north end of 22nd Street.
Bonnie Davis, President of Del Ida Park Neighborhood Associa-
tion, stated they are in opposition of expanding any of Swinton Avenue
from St. Paul's Church to 10th Street.
A citizen representing the Old School Square Historic District,
Lake Ida and Pineapple Grove, who are in support of keeping Swinton
Avenue as a two lane road and creating the scenic drive, stated she was
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284
told today by County road and bridge people that the County is not
concerned with any aesthetics on a County road, but only hazards or
drainage problems.
Ms. McCarty moved to approve establishing Swinton as scenic
from the north City limits south to 10th Street, seconded by Ms.
Brainerd. Upon roll call the Commission voted as follows: Ms. Brainerd
- Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - No. Said motion passed with a 4 to 1 vote.
43. Modification to MPO Plan to Oppose Additional Traffic Lanes on
Swinton, north of St. Paul's Episcopal Church: The Commission is to
consider the modification to MPO plan to oppose additional traffic lanes
on Swinton, north of St. Paul's Episcopal Church.
Ms. McCarty moved for approval of modification to the MPO plan
to oppose additional traffic lanes on Swinton, from the north City
limits south to 10th Street, seconded by Ms. Brainerd. Upon roll call
the Commission voted as follows: Ms. Brainerd - Yes; Ms. Horenburger -
Yes; Ms. McCarty - Yes; Mr. Weatherspoon - No; Mayor Campbell - Yes.
Said motion passed with a 4 to 1 vote.
CONSENT AGENDA ~
The following items were considered by the Commission a~ the
Consent Agenda:
32. Christmas Tree and Pumpkin Sales - Delray Beach Sunrise
Kiwanis: The Commission is to consider approval of the sale of Christ-
mas trees ~nd pumpkins from October 1, 1988 through December 24, 1988.
Approval is recommended.
33. Resolution No. 53-88: Resolution No. 53-88, abandoning three
feet of the 15 foot wide drainage easement adjacent to Lot 13, Fairways
of Delray, is before the Commission for consideration. Approval is
recommended.
The caption of Resolution No. 53-88 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THE WEST 3.0 FEET
OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE
"FAIRWAYS OF DELRAY", ACCORDING TO
EAST SIDE OF LOT 13,
THE PLAT THEREOF RECORDED IN PLAT BOOK 54, PAGES 160-161,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
(Copy of Resolution No. 53-88 is on file in the official
Resolution Book)
34. Resolution No. 54-88: Resolution No. 54-88, abandoning five
feet of the 15 foot wide drainage easement adjacent to Lot 17, Fairways
of Delray, is before the Commission for consideration. Approval is
recommended.
The caption of Resolution No. 54-88 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THE SOUTH 5.0
FEET OF THE 15 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG
THE NORTH SIDE OF LOT 17, "FAIRWAYS OF DELRAY", ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 54, PAGES
160-161, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
(Copy of Resolution No. 54-88 is on file in the official
Resolution Book)
35. Resolution No. 57-88: Resolution No. 57-88, abandoning a
portion of Dixie Boulevard (Delray Mazda), is before the Commission for
consideration. Approval is recommended.
The caption of Resolution No. 57-88 is as follows:
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285
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, VACATING AND ABANDONING THAT PART OF THE
RIGHT-OF-WAY FOR DIXIE BOULEVARD AS SHOWN ON THE PLAT OF
DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 14 AT PAGE 9 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT
THE SOUTHWEST CORNER OF LOT 9, BLOCK 13 OF SAID PLAT OF
DEL-RATON PARK: THENCE NORTHERLY, ALONG THE WEST LINE OF
BLOCKS 13 AND 14, 562.50 FEET TO THE CENTERLINE OF AVENUE
F; THENCE WESTERLY, AT RIGHT ANGLES AND ALONG SAID
CENTERLINE, 80.0 FEET TO THE NORTHEAST CORNER OF LOT 24,
BLOCK 2 OF SAID PLAT OF DEL-RATON PARK, THENCE SOUTHERLY,
AT RIGHT ANGLES AND ALONG THE EAST LINE OF SAID BLOCK 2,
575 FEET TO THE SOUTHEAST CORNER OF LOT 46, BLOCK 2,
THENCE EASTERLY, 80.97 FEET TO THE SAID POINT OF BEGIN-
NING.
(Copy of Resolution No. 57-88 is on file in the official
Resolution Book)
36. Final Plat - Delray Mazda: A request for final plat approval
from belray Mazda is before the Commission for consideration. Approval
is recommended upon receipt of appropriate documents.
37. Amendment to Departmental Organization: The Commission is to
consider an amendment to departmental organization, requiring Finance,
Police and Fire Departments to report directly to the City Manager.
Approval is recommended.
38. Lease - Portions of the Former Delray Beach Elementary School:
The Commission is to consider approval of a lease from the City to the
Palm Beach County School Board for portions of the former Delray Beach
Elementary School. Approval is recommended.
39. Addendum to Refuse Contract: The Commission is to consider an
addendum to the Refuse Contract between the City and Waste Management,
Inc. Approval is recommended.
40. Water Service Agreement - R.O. Priest: A request for a water
service agreement for property located at the northwest corner of
Barwick Road and the L-31 Canal, is before the Commission for considera-
tion. Approval is recommended.
41. Acceptance of Easement Deed - Hamlet Residents Association,
Inc.: The Commission is to consider acceptance of an easement deed for
the purpose of a 12 foot utility easement to maintain a sanitary sewer
main. Approval is recommended with direction for the City Clerk to
record the original deed.
43.A. Request to Travel from Historic Preservation Board - Not to
exceed $860 per person: The Commission is to consider a request for
travel funds from the Historic Preservation Board, not to exceed $860
per person.
44. Awards of Bids and Contracts:
A. Guardrail Installation - Brant Drive and Davis Road -
Transportation Safety Contractors, Inc. - $13,439.80 with
funds to come from Account 001-2911-510-60.63.
B. Janitorial Services for Police Department Building - W. &
F. Building Maintenance, Inc. - $21,792 with funds to
come from Account 001-2113-521-33.17.
C. Rental Rehabilitation Program - Deferred Loan Contract -
FEC Management, Inc. - $13,462 with funds to come from
Account 118-1975-554-60.23.
D. Planning Services, Comprehensive Plan - Strategic Plan-
ning Group - $40,000 with funds to come from Account
001-2511-515-33.15.
E. Planning Services, Comprehensive Plan - Post, Buckley,
Schuh and Jernigan, Inc. - $18,000 with funds to come
from Account 001-2511-515-33.15.
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286
F. Planning Services, Comprehensive Plan - Coastal Manage-
ment and Planning - $23,500 with funds to come from
Account 001-2511-515-33.15.
G. Fire Station No. 2~Contract - Currie Schneider Associates
- $57,500 with funds to come from Account
333-2311-.522-60.31.
H. Rehab Contract Award - Susie Russell - First Construction
of the Palm Beaches, Inc. - $17,000 with funds to come
from Account 118-1963-554-60.23.
Ms. Horenburger moved for approval of the Consent Agenda,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Ms. Brainerd - Yes; Ms. Horenburger - Yes; Ms. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
5 to 0 vote.
Mayor Campbell declared the meeting adjourned at 11:30 P.M.
ATTEST: ........
MAYOR ....
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 September 27, 1988, which minutes were
formally approved and adopted by the City Commission on ~ ~
.... .
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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