11-24-87 NOVEMBER 24, 1987
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 7:05 P.M., Tuesday, November 24,
1987.
1. Roll call showed:
Present - Commissioner Richard J. Dougherty
Commissioner Marie Horenburger
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - None
Also present were - Acting City Manager Robert A. Barcinski
and City Attorney Herbert W.A. Thiele.
2. The opening prayer was delivered by Reverend Andrew Hall,
'former Pastor of the First Baptist Church.
3. The Pledge of Allegiance to the flag of the United States of
~[merica was given.
4. Beautification Master Plan Report (H. Kurt Kettelhut). The
Chairman of the Beautification Task Force introduced ~he Planning
Designer, H. Kurt Kettelhut, who presented the third phase, which is the
final phase of a three step design process for approximately 34 miles of
roadway within the City. The Master Plan is based on the following
design conclusions:
1. Identify and emphasize key intersections within the
network.
2. Enhance the turn lanes and approach to the intersections.
3. Buffer and separate residential areas adjacent to the
right of way.
4. Enhance and beautify the view of adjacent commercial
developments.
These goals will be accomplished in the following manner:
1. The intersections will be enhanced with clusters of
mature palms with underplantings of small flowering
trees, shrubs and groundcovers.
2. The right of way adjacent to the turn lanes will be
landscaped with large shade trees and groundcovers. The
shade trees will be situated along the outside edge of
the roadway and will contrast with the palm clusters at
the intersections.
3. Those sections of roadway located between the intersec-
tions adjacent to residential areas will be landscaped in
such a way to provide a buffering of those neighborhoods
from the roadway. The landscape treatment in these areas
will include the informal massing of palm and shade trees
in medians and along the edges of the road. The palms
and trees will be underplanted with small flowering
trees, shrubs and groundcovers.
4. Commercial areas adjacent to the roadways will be land-
scaped to accomplish three objectives:
1. Enhance views to the existing buildings and signs.
2. Identify and accent entry drives.
3. Buffer existing parking.
This treatment will include the formal planting of palms and
shrubs along the outside edge of the road with a complementary
planting of palms, small flowering trees and shrubs in the
medians.
Mrs. Horenburger questioned if the School Board has been
contacted with regard to the school property on the southwest side of
10th Street. She feels the School Board would be amenable to work with
the City to improve that area. She also questioned the fact that palm
trees are to be planted along the sidewalk and is concerned that an
identical situation could arise such as the one on N.W. 5th Avenue where
the trees nearly obstruct the sidewalk. Mr. Kettelhut stated most of
those are on Federal Highway and four to five feet of sidewalk will be
retained after the planting.
Sam Schwimer, Pines of Delray, stated both the State and the
County are contemplating some road widening, and questioned if this fact
has been taken into consideration, to which Mr. Kettelhut replied that
it has.
Phyllis Plume, 409 Lake Drive, stated she would like to see
some plan for Swinton Avenue. She feels somehow they could work with
the County in order to accomplish some beautification. Mr. Kettelhut
stated the problem is not one of coordination, but simply having the
room to do anything on the street. The right-of-way is going to be
widened, he feels to an 80 foot right-of-way, which will be taken up
with sidewalks, turning and driving lanes or pavement of some type, with
no median strip, making it physically impossible.
In addition to the renderings, Mr. Kettelhut gave a slide
presentation, showing pictures of an effect he disapproves of along with
pictures of the effect he plans to create.
Upon question, Mr. Kettelhut stated the next step is to submit
plans to the agencies involved, such as FP&L, Southern Bell, Palm Beach
County and DOT and get their approval. The first phase, which will be
Linton Boulevard, South Federal and East Atlantic Interchanges, will
begin in April or May. The anticipated budget for landscaping will be
2.15 million dollars.
Jay Slavin, Rainberry Bay, questioned if there is an order to
determine which streets will be done first, second and third with regard
to beautification. Mayor Campbell advised the entire City is top
priority, so there is no first area versus another, and all will be done
as quickly as possible.
Mrs. Horenburger moved to approve the presentation in concept,
seconded by Mr. Dougherty. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
5. Mayor Campbell presented a proclamation, proclaiming the week
of December 13-19, 1987, as "National Drunk and Drugged Driver Awareness
Week".
6. Mrs. McCarty requested that Item No. 15 be removed from the
Consent Agenda and placed on the Regular Agenda.
The Acting City Manager requested that Item No. 27 be postponed
at this time and rescheduled for a later meeting.
Mr. Weatherspoon requested that Item No. 18 be removed from the
Consent Agenda and placed on the Regular Agenda.
Mrs. Horenburger moved to approve the agenda, minus Item No.
27, and moving Items No. 15 and 18 from the Consent Agenda to the
Regular Agenda, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger -
Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
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PUBLIC HEARING
7. Ordinance No. 84-87 - Haggerty Annexation. Ordinance No.
84-87, annexing a 9.09 acre parcel, subject to RH (Medium High to High
Density Dwelling) District, located south of S.W. 10th Street, between
S.W. 8th Avenue and Germantown Road, 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 Acting City Manager presented Ordinance No. 84-87:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED SOUTH
OF S.W. 10TH STREET, BETWEEN S.W. 8TH AVENUE AND
GERMANTOWN 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 RH (MEDIUM HIGH TO HIGH DENSITY DWELLING)
DISTRICT; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 84-87 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.
The City Attorney advised this ordinance is the one the Plan-
ning Department recommended be postponed in order that it might coincide
with the Second Reading of the Comprehensive Plan Amendment.
Mayor Campbell explained to the applicant that he has another
item to be considered before anything can be done to get the final
zoning and/or land use. The P&Z Board has recommended that both items
go through concurrently, but this particular one got ahead and the other
will be considered on the 22nd of December.
Mrs. Horenburger moved to defer formal action on the enacting
ordinance until December 22nd when the Plan Amendment is before the
Commission for final action on Item No. 7, seconded by Mr. Dougherty.
Upon roll call the Commission voted as follows: Mr. Dougherty - Yes;
Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
8. Ordinance No. 85-87 - Crepin Annexation. Ordinance No. 85-87,
relative to annexing a 5.13 acre parcel, subject to MOI (Medical, Office
and Institutional) District, located east of the County Mental Health
Office on Military Trail, south of Linton Boulevard, 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 Acting City Manager presented Ordinance No. 85-87:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A
PARCEL OF LAND LOCATED IN SECTION 25, 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 ON MILITARY TRAIL SOUTH OF LINTON
BOULEVARD AND EAST OF THE COUNTY MENTAL HEALTH OFFICES;
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 MOI (MEDICAL,
OFFICE AND INSTITUTIONAL) DISTRICT; PROVIDING AN EFFEC-
TIVE DATE.
-3- 11/24/87
(Copy of Ordinance No. 85-87 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.
The Acting City Manager stated there is a difference of opinion
between Staff members and the action taken by the P&Z Board with regard
to access to the property.
Gerald Church, Director of Engineering, stated he is using a
zelar to orient the Commission to the exact location along with the
problem in terms of potential development. In connection with the
annexation a site plan was received showing access off Military Trail.
It is essential this parcel be serviced either by a public street or a
private street. The particular site under consideration only has access
to a 20-foot access easement, which crosses Military Trail. The Engi-
neering Department requires a 24-foot access for a driveway or road. In
addition to that, the type of road they are proposing to build actually
provides only 22 feet and will be contiguous to a 7-foot concrete block
stucco wall. This will place it two feet away from the wall on one side
and two feet four inches away from trees on the other side. Looking to
long term access, the Engineering Department feels it would be better
located on the east side, where they would request a 40-foot right-of-
way; so, ultimately, there would be a connection into Linton Boulevard.
At this point in time none of the rights-of-way or connections required
are present.
Kerry Koen, Fire Chief, stated while participating in the TRC
process, the Fire Department noted a similar objection with regard to
access to the site. He would like to reiterate to the Commission that
the standard of 24 feet for access to the site is also a part of the
traditional design of the City in addition to being an engineering
standard and a standard for fire department access. He feels that
anything less would be improper and would create a difficulty the City
would be required to live with for quite some time until a permanent
access road would be built. They recommended that it not be approved in
its present form and feel the 24-foot width should remain as a minimum
standard.
Upon question by Mr. Weatherspoon if a 20 or 22-foot road is
usable, Mr. Koen stated the configuration that would result from this
particular access is partially created by a tree line which would force
vehicular traffic to the center of the road. He feels the presence of
the 7-foot wall would do something similar.
Phyllis Plume, a member of the P&Z Board, stated the opinions
of the City Engineer and Fire Chief are respected, but the County has
accepted 20-foot roads in the past. In the Land Use Policy Guide,
medical type facilities, etc., were recommended in this location and
since there is such a need for ACLFs in the City, the P&Z Board felt,
for this phase, they could live with a temporary access by moving some
of the trees onto the mental health property. Upon question with regard
to this phase, Mrs. Plume stated the applicant has agreed to build only
one-half of the entire project at this time.
Mayor Campbell questioned if the P&Z Board currently has any
restraint to prevent the access from becoming permanent. Mrs. Plume
stated it is written that the remainder of the project will not be
allowed to be completed until the proper access is approved.
Upon question if any effort has been made to acquire a right-
of-way, Mr. Church stated if they could acquire, or bond the future
acquisition of the right-of-way within a specific period, perhaps that
would be an acceptable solution. He feels that the parcel should have
been replatted and during that platting the problem would have been
corrected.
Upon question by Mrs. McCarty if by annexing this parcel the
City is stating there is adequate access, the City Attorney advised that
-4- 11/24/87
annexation and zoning does not guarantee that. Utilities and emergency
services must be provided, but the process of annexation and zoning only
indicates that the property can be used for that intended use. The City
says it will provide services, but if the applicant does not provide the
access, the City cannot provide the service. The annexation comes with
no guarantee that a site plan will be approved. If a site plan is not
approved, they will be unable to obtain a building permit.
Mrs. Horenburger questioned why this is not being done correct-
ly from the beginning.
The applicant stated they have done what P&Z requested them to
do, along with other agencies, to accomplish the goals of the project.
The trees are being removed from that access and relocated on the South
County Mental Health site. Fire vehicle access is now accessible into
the South County Mental Health Center; therefore, they can still get
into the site. Many of the streets in Delray now are 20 feet in width,
even though it has been increased to 24 feet. If that is a major area
of contention, they can go the 24 feet if they have site plan approval
without the tree line on the south side. The applicant stated they met
with South County Mental Health relative to going through their parking
lot to gain access, but they were not if favor.
Mayor Campbell stated he feels it is a contorted plan; howev-
er, there are times when there is an overriding need in the community.
He feels the applicant probably has a legal right to access to Military
Trail over this 20-foot strip; but, theoretically, South County Mental
Health could be forced to redesign their parking lot. His feeling is,
if a more direct access can be worked out, he is willing to compromise
the 2-foot issue, but he is uncomfortable with the wall. Perhaps there
can be some sort of accommodation worked out with Mental Health, recog-
nizing it as part of their responsibility and legal obligation to
relinquish that.
The applicant stated they have been in numerous negotiations
with Mental Health and could force them legally to relocate their
parking, but that is not a good neighbor policy.
Chief Koen stated he did not want any misunderstanding about
discussions with the developer relative to alternate sites or methods of
access, such as a gate. He does not feel installing a gate makes an
expeditious means of access for emergency equipment.
Mr. Weatherspoon moved to postpone this item until the December
8th Regular meeting, seconded by Mrs. McCarty. Upon roll call the
Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger -
Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes.
Said motion passed with a 5 to 0 vote.
9. Second Public Hearing on UDAG Application and Resolution No.
46-87. Resolution No. 46-87, considering the City's proposed applica-
tion for an Urban Development Action Grant with the Department of
Housing and Urban Development, is before the Commission for considera-
tion. Prior to consideration of passage of Resolution No. 46-87, a
public hearing has been scheduled to be held at this time.
The Acting City Manager presented Resolution No. 46-87:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE FILING OF AN APPLICATION
FOR AN URBAN DEVELOPMENT ACTION GRANT, INCLUDING ALL
UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN, ON
BEHALF OF THE CITY OF DELRAY BEACH FOR A PROJECT KNOWN AS
"AUBURN TRACE"; ACCEPTING THE TERMS AND CONDITIONS AS
STATED IN THE PROJECT APPLICATION AND SUBJECT TO CONDI-
TIONS TO BE DETAILED IN FUTURE GRANT AGREEMENTS; AUTHOR-
IZING THE CITY MANAGER TO ACT AS THE OFFICIAL REPRESENTA-
TIVE OF THE CITY; PROVIDING FOR MAKING FUNDS AVAILABLE;
PROVIDING FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 46-87 is on file in the official
Resolution Book)
-5- 11/24/87
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.
Mrs. Horenburger moved for the adoption of Resolution No.
46-87, seconded by Mr. Weatherspoon. Upon roll call the Commission
voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
10. Public Hearinq - Modifications to the Delint DRI. The Commis-
sion is to consider a determination of substantial deviation relative to
proposed changes to the development order of the Delint DRI. Prior to
consideration a public hearing has been scheduled to be held at this
time.
A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida. The public hearing was closed.
Mrs. Horenburger moved for approval of the Planning & Zoning
Board recommendation and direct staff to prepare an ordinance, seconded
by Mrs. McCarty. Upon roll call the Commission voted as follows: Mr.
Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 5
to 0 vote.
11. CRA Expansion. Resolution No. 47-87, declaring certain areas
of the C~ty as slum or blighted for inclusion within the boundaries of
the CRA area, is before the Commission for consideration. Prior to
consideration of passage of Resolution No. 47-87, a public hearing has
been scheduled to be held at this time.
The Acting City Manager presented Resolution No. 47-87:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, DECLARING CERTAIN AREAS AS BLIGHTED OR
SLUM AREAS AS DEFINED IN CHAPTER 163, PART III, FLORIDA
STATUTES OR AREAS IN WHICH THERE IS A SHORTAGE OF HOUSING
AFFORDABLE TO RESIDENTS OF LOW OR MODERATE INCOME INCLUD-
ING THE ELDERLY, OR A COMBINATION THEREOF; DECLARING A
NEED FOR REHABILITATION OF SUCH AREAS; AMENDING THE
BOUNDARIES OF THE COMMUNITY REDEVELOPMENT AREA; PROVIDING
FOR AN EFFECTIVE DATE.
(Copy of Resolution No. 47-87 is on file in the official
Resolution Book)
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.
Mrs. Horenburger moved for approval of Resolution No. 47-87,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
CONSENT AGENDA
The following items were considered by the Commission as the
Consent Agenda:
12. ~equest for Solicitation of Funds - March of Dimes Birth
Defects Foundation. The Commission is to consider a request for solici-
tation of funds for March of Dimes Birth Defects from January 22-24,
1988. Approval is recommended.
13. Request for Solicitation of Funds - Milton Myers, Unit #65,
American Legion Auxiliary. The Commission is to consider a request for
solicitation of funds for Milton Myers, Unit #65, American Legion
Auxiliary on February 19-20, 1988. Approval is recommended.
-6- 11/24/87
14. Linton International Plaza - Temporary Tent. The Commission is
to consider a request to erect a temporary 20' x 40' tent at 660 West
Linton Boulevard from November 25th through December 30th, 1987, for the
purpose of selling Christmas trees. The Acting City Manager and Acting
Chief Building Official recommend approval.
16. Delray Beach Sunrise Kiwanis - Temporary Tent. The Commission
is to consider a request to erect a temporary 45' x 86' tent on the
north side of S.E. 10th Street between S.E. 5th Avenue and S.E. 6th
Avenue from November 18th through December 30th, 1987, for the sale of
Christmas trees. The Acting City Manager and Acting Chief Building
Official recommend approval.
17. Appointment - Delray Beach Human Relations Committee. The
Commission is to consider ratification of the appointment of Preston
Wright as a member of the Delray Beach Human Relations Committee to a
term ending March 15, 1990. Nacirema Club recommends approval.
19. Final Plat Approval - Happy Holidays. The Commission is to
consider approval of final plat for Happy Holidays, Congress at N.W. 1st
Street. Planning & Zoning Board recommends approval.
20. Modification to Contract with Solin & Associates. The Commis-
sion is to consider approval of modification to contract with Solin &
Associates relative to Evaluation Appraisal Reports. Planning & Zoning
Department recommends approval.
21. Update on Status of Road and Bridge Tax Case. The Commission
is to consider authorizing execution of a limited release form to permit
Palm Beach County to pay the principal amount of the supplemental Final
Judgement upon receipt of releases executed by each City. Approval is
recommended.
Mrs. Horenburger moved for approval of the Consent Agenda, as
modified, seconded by Mr. Dougherty. Upon roll call the Commission
voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs.
McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said
motion passed with a 5 to 0 vote.
REGULAR AGENDA
Planning, Development and Engineering
15. Delra¥ Toyota - Temporary Tent. The Commission is to consider
approval of a request to erect a temporary 60' x 90' tent at 2001 South
Federal Highway from December 24, 1987, through January 4, 1988, for an
automobile sale.
Mayor Campbell left the Commission Chambers at this time and
Vice-Mayor Horenburger took the chair.
Mrs. McCarty stated she does not have a problem with an occa-
sional weekend or a day or two, but she does have a problem with an
extended period of time.
Upon question by the Acting City Manager if this could be
approved with a restriction on the amount of time, the City Attorney
advised that they could. The Acting City Manager stated perhaps the
Commission could restrict the number of days to eight or so to include
two weekends.
Mr. Weatherspoon suggested someone contact the applicant, if
not present, to see if the time reduction meets with their approval
rather than arbitrarily change it.
Vice-Mayor Horenburger questioned if a system is available to
monitor those businesses who use tents on a regular basis. The Acting
Chief Building Official stated his department monitors this and, to his
knowledge, the applicant has not recently applied for a tent permit.
-7- 11/24/87
Mr. Dougherty stated if tents for the sale of Christmas trees
are allowed to remain for a month or more, he feels the Commission will
be inconsistent by not permitting other businesses to do the same.
Vice-Mayor Horenburger suggested the Commission discuss at a
workshop the possibility of restricting tent applications to a specific
number per year, whether a distinction should be made between special
events and businesses and a definite length of time.
The City Attorney advised there is an arguable, factual differ-
ence between a business that is trying to keep the sun off fresh-cut
trees and paint jobs on an automobile.
Helen Coopersmith, 1222 South Drive Way, stated she feels if an
auto dealer needs to run a sale during the holidays, it is not necessary
for him to erect a tent and place more cars outside.
Mr. Weatherspoon moved for approval of the temporary tent from
December 24, 1987, through January 4, 1988, seconded by Mrs. McCarty.
Upon roll call the Commission voted as follows: Mr. Dougherty - Yes;
Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Vice-Mayor Horenburger -
Yes. Said motion passed with a 4 to 0 vote.
18. Thomas Street Pumping Station Upgrade. The Commission is to
consider award of contract to the low bidder, A.O.B. Underground, Inc.,
in the amount of $82,500 to upgrade the Thomas Street pumping station,
with funds to come from the 1986/87 budget.
Mr. Dougherty left the Commission Chambers at this time.
Mayor Campbell returned to the Commission Chambers at this
time.
Mr. Weatherspoon questioned the source of funding, to which the
Acting City Manager explained the agenda item is incorrect. The funding
source will be as per Mr. Church's memo in the amount of $46,428.50 to
come from the General Construction Fund, $23,000 from the General Fund
(1986-87 Lapsed) and $13,071.50 from 1986-87 Resurfacing Funds. Mr.
Weatherspoon questioned why the total amount could not have been paid
from the Utility Fund. The Acting City Manager stated this is a street
related storm sewer, not a public utility sewer.
Mr. Weatherspoon moved for approval of the contract to A.O.B.
Underground, Inc., in the amount of $82,500, seconded by Mrs.
Horenburger. Upon roll call the Commission voted as follows: Mrs.
Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor
Campbell - Yes. Said motion passed with a 4 to 0 vote.
Mr. Dougherty returned to the Commission Chambers at this time.
22. Appeal From Decision of Code Enforcement Administrator - D. C.
Penney - Pool Barrier. The Commission is to consider an appeal to grant
waiver of a pool barrier because of the nonexistence of a substantial
number of small children in The Hamlet.
The Acting City Manager stated the Ordinance requires a four-
foot barrier around a pool structure in the City. It also provides for
a waiver that could be granted by the Commission if it is determined
there are factors present to warrant a waiver. He understands there is
partial fencing on the north and south sides of the property, but not to
the four-foot standard.
A representative for the applicant stated the fencing is woven
through hibiscus bushes, that are currently three feet tall, and goes
from the property line to the building. The only access to the pool is
over the fence, through a gate or by way of the lake.
Mrs. Horenburger moved to approve the waiver, seconded by Mrs.
McCarty. Upon roll call the Commission voted as follows: Mr. Dougherty
- Yes; Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon -
Yes; Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
-8- 11/24/87
Before roll call the following discussion was had:
Mr. Dougherty stated he was under the impression the code
requires a fence around a pool. The Acting City Manager read the
portion of the code in Section 9-524 that allows for the City Commission
to grant waivers for individual cases.
At this point the roll was called to the motion.
23. Site Plan Approval - Proposed Delray ACLF (Crepin Annexation
Proposal). The Commission is to consider approval of a site plan for
the proposed Delray ACLF, located south of Linton Boulevard, east of
Military Trail. Planning & Zoning Board recommends approval, subject to
the following conditions:
1. That the access provide for 30" of curbing along the
south side of the existing BocaRay wall; that a minimum
of 22' of travelway be provided; that a ficus hedge, or
tree line, be provided between the Mental Health parking
area and the entry drive; that shade trees be provided
within planting areas in the mental health parking lot;
that there be no parking spaces along the north boundary
of the mental health property in the area where the
traffic of the ACLF crosses through the mental health
parking area; the access to the mental health facility
and the BocaRay Center be aligned to form a proper (right
angle) intersection; and, that the turning radius for the
entrance drive shall maintain a clear width and turning
radii as determined satisfactory by the Fire Chief.
Further, stabilized sod be provided at the northeast
corner of the mental health facility to provide emergency
access to the ACLF site.
2. That platting is required prior to submission of plans
for building or site preparation purposes. Said plat
submission is to address the matters discussed in the
"platting" portion of this staff report.
3. That this approval is for Phase One development only and
that no approval for phase two facilities will be granted
until and unless the local collector road proposed for
the eastern boundary of the site is constructed and
connected to Linton Boulevard.
4. That detailed plans showing the method of providing for
ground treatment and adjacent landscaping (including
south perimeter landscaping) along the fire (emergency
service) lanes as they are proposed from the paved
driveway - along the proposed collector street - and
along the south boundary shall be submitted to and
approved by both the Fire Chief and the City Horticul-
turist and made a part of the preliminary plat submis-
sion.
5. That this approval be valid, pursuant to 30-22-E, for an
initial period of eighteen (18) months.
Mr. Weatherspoon moved to postpone this item until December 8,
1987, seconded by Mrs. McCarty. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
24. Water Service Agreement and Attendant Site Approval - Mr. Tan
and Mr. Tux. The Commission is to consider approval of a request for
water service agreement and site plan for Mr. Tan and Mr. Tux, located
on North Federal Highway at Lake Avenue North. Planning & Zoning Board
recommends approval, subject to the following conditions:
1. that a waiver be granted to allow the existing sidewalks
to remain and not be upgraded;
2. that a waiver be granted to allow the perimeter hedge and
tree line to be located at the edge of right-of-way;
3. that the technical items identified in this report be
provided on a revised site plan prior to consideration by
the City Commission;
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4. that a fire hydrant be provided pursuant to the require-
ments of the Fire Marshall;
5. that protective curbing be provided between the drive-
way/aisle system and landscaping areas;
6. that the owner acknowledges that he will connect to a
central sewer system once it is available to the site and
he acknowledges that pro-rata participation in a sewer
extension program may be required.
Mrs. Horenburger moved for approval of the Planning & Zoning
Board recommendations, subject to conditions, seconded by Mr. Weather-
spoon. Upon roll call the Commission voted as follows: Mr. Dougherty -
Yes; Mrs. Horenburger - Yes; Mrs. 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:
Mrs. McCarty requested verification if the two large, orange
signs will go to CAB for approval. The City Attorney advised that is
correct.
At this point the roll was called to the motion.
25. Site Plan Approval - Savage Construction. The Commission is to
consider approval of site plan for establishment of Savage Construction
offices and storage, located at S.W. 10th Street, west of Germantown
Road. Planning & Zoning Board recommends approval, subject to the
following conditions:
1. that the perimeter wall on the south be located no closer
than ten feet (10') from the ultimate property line.
2. that the precise location of land available for paving of
Royal Palm Drive and the ultimate right-of-way boundary
for Royal Palm be established by field survey and the
site plan adjusted accordingly to accommodate the twen-
ty-four foot street surface, north swale, and north
sidewalk.
3. that prior to transmittal to the City Commission, a
letter be received from the City Horticulturist certify-
ing that unresolved landscaping concerns have been
accommodated consistent with direction of the CAB.
4. that the fire hydrant be relocated and "knox-box" or
similar provisions be made to the satisfaction of the
Fire Marshall.
5. that by accepting the approval of the site plan, the
developer/owner acknowledges obligations for the payment
of standard and special road impact fees as set forth in
the attendant staff report.
Mr. Weatherspoon moved for approval, subject to conditions as
set forth by the P&Z, seconded by Mrs. McCarty. Upon roll call the
Commission voted as follows: Mr. Dougherty - Yes; Mrs. Horenburger -
Yes; Mrs. 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. Dougherty stated he thought the City was going to buy a
portion of the triangular parcel on Germantown Road and 10th Street. He
questioned if the alignment of that change has been determined and how
it will be affected. Mr. Kovacs stated the alignment has been set by
the Engineering Department and they and others in the City are working
on negotiations for purchase; as to whether it will affect this parcel,
the answer is no.
At this point the roll was called to the motion.
26. Site Plan Approval - Parcels B and C, Delra¥ Park of Commerce.
The Commission is to consider site plan approval for development of the
parking area for the proposed commuter train stop at the Delray Park of
Commerce, located at Congress Avenue and Lake Ida Road. Planning &
Zoning Board recommends approval, subject to the following conditions:
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1. that prior to action by the City Commission, a revised
landscaping plan (approved by the City Horticulturist) be
provided to the Planning Department along with the letter
request for a waiver of the requirement for the balance
of the parcels to be sodded; and,
2. that the applicant acknowledges these proposed improve-
ments to be interim in nature and that revised develop-
ment concepts for the balance of Parcels B & C, including
the development of those areas under a unified, single
lot, may be necessary.
Mrs. Horenburger moved for approval, subject to conditions,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
28. Land Use Plan Amendment. The Commission is to consider initia-
tion of a Land Use Plan Amendment and rezoning actions for proposed
low/moderate income housing development. Planning & Zoning Board
recommends approval.
Mr. Kovacs stated in order to accommodate any potential site
layout that the Procacci Project may have, it is necessary to amend the
Land Use Plan and change the Zoning on the parcels. The Staff will then
pick up all the administrative work to process these. If the hearings
will be before the P&Z Board in January, the Public Hearing will be
before the Commission in mid-February. With regard to the Plan Amend-
ment, the Community Redevelopment Plan should also be added to formally
amend the Comprehensive Plan to include the CRP Plan.
Mrs. Horenburger moved for approval, seconded by Mr. Dougherty.
Upon roll call the Commission voted as follows: Mr. Dougherty - Yes;
Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
29. S. W. 6th Street Drainage Project. The Commission is to
consider award of contract to Onontario of Palm Beach, Inc., who has the
necessary State underground contractor's license, in the amount of
$21,565 with funds to come from the 1987-88 budget. Acting City Manager
concurs in recommendation of City Engineer.
Mr. Weatherspoon moved for approval, seconded by Mr. Dougherty.
Upon roll call the Commission voted as follows: Mr. Dougherty - Yes;
Mrs. Horenburger - Yes; Mrs. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 5 to 0 vote.
30. Final Plat Approval Waterford Place. The Commission is to
consider a request for final plat approval for Waterford Place, located
at Lindell Boulevard and Dotterel Road. Planning & Zoning Board recom-
mends approval.
Mrs. Horenburger moved for approval, seconded by Mr.
Weatherspoon. Upon roll call the Commission voted as follows: Mr.
Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. 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:
Mrs. Horenburger stated she has spoken with the Planning
Director to verify the plat accommodated some of the changes and direc-
tives in the revised site plan and feels comfortable with it.
At this point the roll was called to the motion.
Public Safety
31. Automatic Pistols/Accessories - Police Department. The Commis-
sion is to consider award of contract to Lawmen's and Shooter's Supply,
Inc., in the amount of $79,389.20, with funds to come from the Law
Enforcement Trust Fund. Although Lawmen's and Shooter's Supply, Inc.,
-11- 11/24/87
is not the low bidder, they can supply all the items requested in the
bid, the Police Department has done business with them for years and
found them to be a dependable and reputable company. Acting City
Manager concurs in recommendation of Police Chief.
Mrs. Horenburger left the Commission Chambers at this time.
Mr. Dougherty moved to approve award of contract to Lawmen's
and Shooter's Supply, Inc., in the amount of $79,389.20, for the purpose
of buying armament, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Dougherty - Yes; Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 4 to 0 vote.
Before roll call the following discussion was had:
Upon question by Mr. Weatherspoon, the Acting City Manager
advised even though Lawmen's and Shooter's was not the low bidder, Chief
Kilgore would prefer to go with one vendor for all items.
Mrs. McCarty questioned the fact that since all the items were
specified by brand name, why the low bidder could not be granted the
contract.
Major Cochrane stated they are recommending Lawmen's and
Shooter's based on the fact they were one of four companies out of the
seven that bid on everything in the package. It is important to the
Police Department to obtain all items at the same time. Another factor
is the possibility of warranty problems, which means there will be four
vendors to deal with in place of just one. It is very important the
department proceed with the training of this transition. Placing
automatic pistols in the hands of the officers is an arduous task
involving much training. The amount of ammunition, targets and other
accessories, along with this package will make it possible to accomplish
this at one time.
At this point the roll was called to the motion.
Legal
32. Settlement Offer - Durkee vs City of Delray Beach. Mayor
Campbell stated this is a lawsuit in the amount of $5,000. The City
Attorney's Office has recommended denial.
Mrs. McCarty moved to deny the settlement offer of Durkee vs
City of Delray Beach, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Dougherty - Yes; Mrs. McCarty - Yes;
Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a
4 to 0 vote.
Mrs. Horenburger returned to the Commission Chambers at this
time.
PROCEDURAL ITEMS
33. Beril Kruger, 3116 Spanish Trail, stated he feels the Commis-
sion has their priorities in the wrong place. There seems to be a great
deal of concern relative to the erection of a tent by a car dealer, but
the Commission is unanimous in allowing the installation of a swimming
pool without a fence. In an adult community, children are not permitted
to be near the swimming pool without an adult. The pool allowed tonight
without a fence is not a community pool, but a private pool.
34. Mrs. Horenburger moved to approve the minutes of the Regular
Meeting of October 27, 1987 and the Special Meeting of November 3, 1987,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Dougherty - Yes; Mrs. Horenburger - Yes; Mrs. McCarty -
Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed
with a 5 to 0 vote.
35.a.1. Mr. Dougherty stated at a recent Chamber of Commerce luncheon
there was a discussion relative to the traffic and parking problem at
-12- 11/24/87
the Flea Market on North Federal Highway. He feels there should be a
meeting of the three governmental bodies; the City, represented by the
City Attorney and Chief Kilgore, the County and DOT and an attempt made
to find an agreeable solution to this problem. Mrs. Wilken stated she
would be glad to encourage this suggestion on the part of the County.
He is requesting that the City see that such a meeting be scheduled.
Mrs. Horenburger stated she feels it would be more appropriate
for the City Attorney and the Acting City Manager to work on the sched-
uling.
Mayor Campbell stated he feels this would be a good idea,
temporarily; however, the fact remains that the Flea Market is there,
it is very popular and it will be used. He feels the County, the City
and the owner need to sit down and try to work out a solution.
The Commission concurred to request the City to schedule a
meeting to begin discussion.
35.a.2. Mr. Dougherty stated the TACT Team activities appear to be
increasing according to the last two reports. He is requesting this be
put on as a workshop item for discussion.
The Acting City Manager stated he feels an explanation of the
increase could be due to the cooperative effort of the Sheriff's Depart-
ment.
35.a.3. Mr. Dougherty stated there was an emergency situation where
sewage was running in the streets in the vicinity of Lake Ida and
Chatelaine properties. There were numerous telephone calls requesting
service for nearly two hours before there was a response, and then the
initial response was inadequate. He feels the Utility Director needs a
system by which this type of situation can be eliminated immediately.
In addition to that, tonight the Lake Ida pumping station is giving off
a terrific odor. This has been an ongoing problem for months. Appar-
ently a scrubber system does not do the job and he feels something must
be done to correct this. The scrubber system at the pumping station on
Lowson Boulevard was originally installed to discharge into the attic of
the pumping station and was to have been moved nearly two months ago.
He requested a report be given at the next regular meeting that some-
thing concrete has been done to correct these three situations.
35.a.4. Mrs. Horenburger wished everyone a Happy Thanksgiving. She
questioned if the January or February workshop is not too busy, she
would like a meeting with the Planning & Zoning Board to discuss the
Commercial Zoning categories.
35.a.5. Mr. Weatherspoon stated with regard to the Special Assessment,
the notice received from the City Attorney's Office, he feels there is a
need to schedule a time to address the policy issue on supplying water
to the enclaves. There are people on Allen Avenue who need water now
and are waiting for a decision from the City Commission.
Upon question by Mayor Campbell, the Acting City Manager
advised the cost figures for the entire annexation, which have not been
given to him as yet and are still being worked on, must be in hand in
order to determine the total affect on the City.
Mayor Campbell suggested the Acting City Manager get back to
the Commission as soon as possible. If it is going to take a consider-
able amount of time before this issue can be addressed, it should be
placed on the agenda earlier, specifically with regard to Allen Avenue.
35.a.6. Mayor Campbell stated the Commission received some bad publici-
ty this week. With regard to certain line items in the budget on
expenditures of the City Commission, those are fixed at the time of
budget discussion. If the Commission feels it necessary, it might be
appropriate in an upcoming workshop session to further look at where the
Commission stands and review the overall policy.
35.b. There were no non-agenda items from the City Attorney.
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