05-05-98 MAY 5, 1998
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay Alperin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
May 5, 1998.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Schmidt
Mayor Jay Alperin
Absent - Commissioner David Randolph
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend Richard
Evans, Abbey Delray South.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin requested that Items 8.D. (In-Lieu of
Parking Fee Agreement/Azari Plaza) and 8.E. (In-Lieu of Parking
Fee Payment/Cafe La Boheme) be moved from the consent agenda to
the regular agenda for discussion.
Mr. Schmidt moved to approve the agenda as amended,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mayor Alperin - Yes. Said motion passed with a 4
to 0 vote.
5. Approval of Minutes=
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of April 21, 1998, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
6. Proclamations:
6.A. National Safe Boatinq Week - May 16-22, 1998.
Mayor Alperin read and presented a proclamation in
recognition of National Safe Boating Week which takes place May
16-22, 1998, and encouraged all boaters to wear a life jacket,
boat responsibly, and enroll in a safe boating class. Mr.
Bernard Englander, U.S. Coast Guard Auxiliary Flotilla 54, came
forward to accept the proclamation.
7. Presentations:
7.A. Reco.crnizinq the accomplishments of the Delra¥ Beach
Travel Soccer Lea.que.
Mr. Ray Crowley, outgoing President of Delray Beach.
Soccer Club, gave an overview of the soccer program in Delray
Beach noting that there has been tremendous growth over the past
few years. He then introduced Mr. Turner Dean, incoming Presi-
dent, who reviewed the recent accomplishments of the soccer
league. He stated that the goal is to provide the youth of
Delray Beach access to and enjoyment of the game of soccer
through participation, regardless of ability, race or gender. He
noted the game of soccer is the fastest growing sport in the
United States and the world's most popular team sport. The
Travel Soccer League includes over 180 children, with the overall
Delray youth soccer program including over 800 children.
At this point, Mr. Dean recognized the following teams
for their achievements in the 1997/98 year. The Under 18 Girls
team was the 1998 Regional Cup Champions, and runner-up in the
President's Cup which is a statewide tournament. The Under 16
Boys team was runner-up in the President's Cup and was also a
1998 State Cup participant. The Under 16 Girls team was a
Regional Cup semi-finalist. The Under 12 Boys team was 1998
Division 1 Regional Cup Champions. The Under 12 Girls team was a
Regional Cup semi-finalist. The Under 10 Boys team had an
undefeated regular season and were a finalist in the regular
season league championship and were a semi-finalist in the
Regional Cup. The Under 9 Boys team was a semi-finalist in the
Regional Cup and was the only team representing Broward or Palm
Beach County in the finals. In addition, the league produced
three All-Star teams which competed in the Regional Cup tourna-
ment.
Mr. Dean concluded by thanking the City for its support
of the program and for recognizing the accomplishments and the
great efforts of all of the players.
On behalf of the City Commission, Mayor Alperin con-
gratulated everyone involved with the program for a job well
done.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 98-1:
Formally initiate Comprehensive Plan Amendment 98-1 pursuant to
LDR Section 9.2.1.
8.B. RESOLUTION NO. 31-98 (ACQUISITION OF VACANT PROPERTY
ADJACENT TO SPADY HOUSE): Approve a resolution authorizing the
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acquisition of vacant property adjacent to the Spady House (the
South 12 feet of Lot 7 and all of Lot 8, Melvin & Burd's Subdivi-
sion of the North One-Half of Block 19, Town of Delray) from the
Community Redevelopment Agency.
The caption of Resolution No. 31-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
(The official copy of Resolution No. 31-98 is on file
in the City Clerk's office.)
8.C. POLICE AND FIRE COMMUNICATIONS AGREEMENT WITH TOWN OF
GULF STREAM: Approve the proposed agreement between the City and
the Town of Gulf Stream for dispatching and communications
services for the period October 1, 1998 through September 30,
2001.
8.D. IN-LIEU OF PARKING FEE AGREEMENT/AZARI PLAZA: THIS
ITEM WAS REMOVED FROM THE CONSENT AGENDA AND MOVED TO THE BEGIN-
NING OF THE REGULAR AGENDA FOR DISCUSSION.
8.E. IN-LIEU OF PARKING FEE PAYMENT/CAFE LA BOHEME: THIS
ITEM WAS REMOVED FROM THE CONSENT AGENDA AND MOVED TO THE BEGIN-
NING OF THE REGULAR AGENDA FOR DISCUSSION.
8.F. EASEMENT DEED AND QUIT CLAIM DEED FOR SUNDY INN PROPER-
TY: Accept an easement deed for a replacement/substitute ease-
ment from Sundy Estates, L.C., and approve a quit claim deed
abandoning the City's current utility easement in favor of the
replacement easement, both associated with the redevelopment of
the Sundy Inn property.
8.G. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions
approved by the South Central Regional Wastewater Treatment and
Disposal Board at the quarterly annual meeting of April 16, 1998.
8.H. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM:
Approve a funding subsidy in the amount of $22,855.00 for an
eligible applicant under the Delray Beach Renaissance Program,
with funding from the State Housing Initiatives Partnership
(SHIP) program (118-1924-554-83.01).
8.I. BUDGET TRANSFER/COMMUNITY DEVELOPMENT BLOCK GRANT FUND
BALANCES: Approve a budget transfer to bring forth the remaining
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fund balances as of September 30, 1997, for the State Housing
Initiatives Partnership (SHIP) Grant, the Substance Abuse Grant,
and the Neighborhood Housing Grant.
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period April 20th through May 1, 1998.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Semsco at an estimated annual cost of
$11,705.35 for concrete meter boxes, lids and
concrete and metal covers, with funding from
442-5178-536-52.31 (W&S Renewal & Replacement -
Small Meter Replacement Program).
2. Contract award to Chemical Lime Company, via City
of Boynton Beach co-op bid, for the purchase of
bulk quicklime for the Water Treatment Plant at an
estimated annual cost of $264,762.00, with funding
from 441-5122- 536-52.21 (Water Treatment &
Storage - Chemicals).
3. Bid award to Tropical Looks Landscape at an
estimated annual cost of $16,500.00 for code
enforcement nuisance abatements, with funding from
001-2741-524-34.30 (Community Improvement/Code
Enforcement - Lot Mowing/ Clearing).
4. Grant awards through the State Housing Initiatives
Partnership (SHIP) program for the rehabilitation
of three single family housing units, as follows:
$19,258.05 to First Choice Contractors for 234
N.E. 10th Street, $20,785.54 to Dakota Construc-
tion for 1319 Prospect Street, and $14,451.15 to
Frank Bouman's Construction for 18 S.W. 12th
Avenue; with funding in the total amount of
$54,494.74 from 118-1924-554-49.19 (SHIP).
5. Bid award in the amount of $34,450.00 to Tifton
Golf Services, Inc. for the renovation of the
greens (sprigging) at Lakeview Golf Course, with
funding in the amount of $10,000 from 446-4761-
572-63.90 (Lakeview Golf Course/Capital Outlay -
Other Improvements) and $25,000 from Prior Year
Surplus.
6. Bid award to Vulcan Chemical Tech at an estimated
annual cost of $133,341.00 for the hydrogen
sulfide control system annual contract, with
funding from 441-5144-536- 52.21 (W&S Liftstation
Maintenance - Chemicals).
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7. Bid award in the amount of $29,570.05 to Bermuda
Services, Inc. (dba Southeastern Irrigation) for
landscape and irrigation improvements in the
Seagate neighborhood (Melaleuca Road and two areas
adjacent to the seawall at Casuarina Road and
Bucida Road), with funding in the amount of $9,854
from 334-4144-572-63.36 (General Construction
Fund/Seagate Medians), $12,716 from 442-5178-536-
99.01 (W&S Renewal & Replacement/Project Reserve),
and $7,000 from 448-5411-538-63.90 (Stormwater
Fund/Other Improvements).
8. Bid award in the amount of $10,775.26 to Smart
Choice Promotional Marketing & Sales for Parks and
Recreation summer camp T-shirts and camp bags,
with funding in the amount of $496.59 from
001-4106-572-52.22 (Summer Day Camp - Uniforms/
Linen Service), $2,402.40 from 115-4920-572-56.05
(Special Projects/Community Center), $3,346.50
from 115-4921-572-56.05 (Special Projects/Pine
Grove), $2,230.60 from 115-4923-572-56.05 (Special
Projects/Full Service Center), and $2,299.20 from
115-4922-572-56.01 (Special Projects/Pompey Park).
9. Cancellation of a bid award approved on March 17,
1998, to Don Reid Ford for four (4) F-250 CNG
pick-up trucks in the amount of $100,708; and
award a bid to Don Reid Ford for five (5) CNG
vehicles in the amount of $104,644.00; with
funding from 501-3312-591-64.20 (Garage - Automo-
tive).
10. Contract award in the amount of $79,062.50 to
Metro Service Consultants, Inc., via City of
Melbourne contract, for refurbishing of fire
hydrants; with funding from 441-5123-536-34.90
(Water Distribution/Other Contractual Services).
11. Purchase approval for the acquisition of a Systems
Control and Data Acquisition (SCADA) computer
system for the Water Treatment Plant from Data
Flow Systems, Inc., in the total amount of
$89,346.00; with funding from 442-5178-536-64.09
(W&S Renewal & Replacement - Computer Software/
Hardware).
Mr. Ellingsworth moved to approve the Consent Agenda,
as amended, seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with
a 4 to 0 vote.
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9. Regular Agenda=
Items 8.D. (In-Lieu of Parking Fee Agreement/Azari
Plaza) and 8.E. (In-Lieu of Parking Fee Payment/Cafe La Boheme)
were moved from the Consent Agenda to the beginning of the
Regular Agenda for discussion.
8.D. IN-LIEU OF PARKING FEE AGREEMENT/AZARI PLAZA= Approve
an in lieu of parking fee agreement for Azari Plaza located at
1155 East Atlantic Avenue in the amount of $48,000.00 for eight
parking spaces.
8.E. IN-LIEU OF PARKING FEE PAYMENT/CAFE LA BOHEME: Approve
the payment of an in lieu of parking fee in the amount of
$6,000.00 (one parking space) for Cafe La Boheme located within
Palm Plaza at 1118 East Atlantic Avenue, subject to conditions.
Mayor A1perin stated that he had moved these items for
discussion because he had some concerns with the Azari agreement.
In reviewing the backup material, he did not see anything to
indicate that the Parking Management Advisory Board had reviewed
the agreement.
The City Attorney stated that staff was not aware that
the Parking Board had reviewed it at the time the agreement was
drafted.
Mr. Egan stated the agreement was reviewed by the board
some two weeks ago and the board did approve it. However, some
additional concerns about the in lieu of parking issue were
subsequently raised at the next Parking Management board meeting
and are supposed to be presented to the City Commission at the
next regular meeting.
Mayor A1perin stated he would be willing to approve the
Azari agreement since the Parking Management Advisory Board did
review and approve it. However, he is concerned with the amount
of time allowed in the agreement for the payments. He felt they
are stretched out too long and should be shortened.
Mr. Egan commented that the length of time allowed for
the in lieu of payments is one of the concerns discussed by the
Parking Management Advisory Board which will be brought forward
to the Commission. Another concern is that the ordinance which
allows for the payment of money in lieu of parking was drafted in
1993 and needs to be updated to reflect 1998 conditions. The
feeling is that while this is a good program and there needs to
be some leeway when a new business comes in and does not have the
parking, in certain parts of the city (namely, east of the
Intracoastal Waterway) while we are allowing a developer to pay
for these parking spaces, there are no parking spaces available.
It is not like other areas in the downtown west of the Intracoas-
tal Water where a particular location may be short of on-site
parking, but there are spaces available around the corner or down
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the street. The Parking Management Advisory Board is aware of
this situation and will be bringing forth a recommendation to the
Commission.
At this point, the City Attorney stated it was her
understanding that the Parking Management Advisory Board voted 4
to 2 to recommend approval of the Azari agreement, subject to
one-third of the in lieu fee being paid up front with the remain-
der to be paid over six years as opposed to the nine installment
payments set out in the proposed agreement.
It was the consensus of the Commission to modify the in
lieu of parking fee agreement for Azari Plaza to reflect the
Parking Management Advisory Board's recommendation. Mr. Egan so
moved, seconded by Mr. Schmidt. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4
to 0 vote.
Mr. Ellingsworth then commented that the figure of
$6,000 for a parking space is simply unrealistic given the actual
cost of providing parking. He felt that this, too, needs to be
looked at and suggested possibly using an elevated rate scale
based on the value of the property involved. Mr. Egan concurred,
noting that this was another item that the Parking Management
Advisory Board felt needed to be revisited for an increase in the
dollar amount.
Mayor Alperin then commented that he had received a
letter from the Chamber of Commerce requesting that a Chamber
representative be added to the Parking Management Advisory Board.
It was the consensus of the Commission to support this request,
with direction to staff to draft the appropriate resolution for
adoption at the next regular meeting.
Mr. Schmidt then moved to approve the in lieu of
parking fee payment in the amount of $6,000 (one parking space)
for Cafe La Boheme, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed
with a 4 to 0 vote.
Consideration of Item 9.A. was deferred pending the
project architect's arrival at the meeting. The Commission moved
to Item 9.B.
9.B. PINEAPPLE GROVE NEIGHBORHOOD PLAN: Consider approval
of the proposed neighborhood plan for the Pineapple Grove Main
Street area.
Mr. Tom Fleming, Program Manager for Pineapple Grove
Main Street, stated that the neighborhood plan for Pineapple
Grove was recently presented to the City Commission for review at
a workshop. It has been reviewed and endorsed by various adviso-
5/05/98
ry boards and organizations, including the Site Plan Review and
Appearance Board and P.R.O.D. (Progressive Residents of Delray).
On April 20, 1998, the Planning and Zoning Board formally re-
viewed the plan and recommended that it be approved. Should the
overall plan be adopted by the City Commission this evening,
there are then many elements to the plan that will have to be
processed on an individual basis. Adoption of the plan presents
the opportunity to begin work with staff and others to formulate
implementation processes and responsibilities, and start looking
at specific budget considerations.
Concerning parking requirements, Mr. Egan noted that
the description within the plan includes applying the less
restrictive parking requirements to a portion of the OSSHAD
zoning district, between N.E. 1st Street and N.E. 3rd Street,
while staff had recommended the description be changed to include
only that portion of the Grove that is within the CBD zoning
district. He asked if this had been done?
Diane Dominguez, Director of Planning and Zoning,
stated that when the plan was discussed by the Planning and
Zoning Board, while they endorsed the plan, they made it clear
that they are not in favor of changes to the parking requirements
until such time that the downtown parking problems are resolved.
Ms. Dominguez stated that these items will be coming through
individually and the direction is clear that we will have to be
very cautious about more lenient parking restrictions and that
the wording in the plan may have to be reworked.
When asked for clarification from Commissioner Egan,
Ms. Dominguez stated that the Commission is approving a plan that
has language in it which says that in the future, this is what is
desired; to have the same kind of parking regulations as what is
going to be applicable to Atlantic Avenue and the downtown, but
when these changes actually come forward is a different matter.
Adoption of the plan this evening does not alter the current
parking requirements.
After further discussion, Mr. Schmidt moved to approve
the Pineapple Grove Neighborhood Plan as amended to read that no
parking requirements are changed currently, but will be consid-
ered as part of overall parking regulations in the future. The
motion was seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to
0 vote.
9.C. DELRAYMERCHANTS ASSOCIATION REQUEST FOR TRAFFIC SIGNAL
OR INTERSECTION MODIFICATION (WEST ATLANTIC AVENUE & 4TH AVENUE):
Consider a request from the Delray Merchants Association for City
support of their efforts to work with the Florida Department of
Transportation and Palm Beach County in addressing the unsafe
conditions at West Atlantic Avenue and NW/SW 4th Avenue through
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consideration of a traffic signal and/or traffic modifications to
the intersection.
Mr. Jimmy Weatherspoon, 130 N.W. 8th Avenue, addressed
the Commission concerning the need to address unsafe traffic
conditions at the intersection of West Atlantic Avenue and 4th
Avenue, and asked for Commission support of efforts to work with
the Florida Department of Transportation (FDOT) and Palm Beach
County to get a traffic light installed or some other intersec-
tion modifications to alleviate the problems. Mr. Weatherspoon
noted that the County's traffic division conducted some studies
in 1994 and 1996 which indicated that the intersection did not
meet the minimum requirements necessary to warrant a traffic
signal. The community, however, feels that numbers alone do not
reflect the actual situation which is perceived as a very danger-
ous one. Mr. Weatherspoon stated he feels it is very important
to have the City Commission's support if anything positive is to
be accomplished.
Mr. Clay Wideman, Chairperson of the Delray Merchants
Association, stated the primary concern is one of safety. The
intersection as it stands now presents a very hazardous traffic
situation which must be addressed.
After a brief discussion, Mr. Ellingsworth moved to
approve the request for support from the Delray Merchants Associ-
ation, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Mr. Ellingsworth - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0
vote.
It was the direction of the City Commission that a
resolution be prepared for consideration at the next regular
meeting.
In further discussion, Mr. Weatherspoon asked that
consideration also be given to where adding left turn movements
to existing lights on West Atlantic Avenue might be appropriate.
It was the consensus of the Commission to keep this item separate
from the issue of the West Atlantic Avenue/4th Avenue intersec-
tion, but that staff should also look at it.
9.D. REJECTION OF BIDS - WRECKER/TOWING SERVICE: Consider
rejecting all bids received for the wrecker/towing service for
the Police Department, and authorize staff to re-bid the service.
The City Attorney explained that when bids were re-
ceived for the wrecker/towing service, they were very difficult
to evaluate because of the way the criteria in the bid documents
were drawn up. It also became apparent that some of the prices
that were bid were not true cost numbers. Because of the diffi-
culty in evaluating who was the successful bidder, it is recom-
mended that the bids be rejected and that the service be re-bid
with fixed prices, so that the new bids can be evaluated on the
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value of the franchise to the City and the quality of the service
to be provided.
Mayor Alperin expressed his disappointment about what
he felt was deceptive bidding on the part of those who had
responded to the original bid.
Mr. Egan moved to reject all bids received for the
wrecker/towing service for the Police Department, and authorize
staff to re-bid the service, seconded by Mr. Schmidt. Upon roll
call the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 4 to 0 vote.
At this point, the Commission returned to Item 9.A. on
the regular agenda as the applicant's architect had arrived at
the meeting.
9.A. CONDITIONAL USE MODIFICATION/DELRAY SWAP SHOP: Consid-
er approval of a request for conditional use modification to
allow redevelopment of the existing Delray Swap Shop facility as
the Lost Drive-In, an indoor/outdoor shopping and entertainment
"one stop" marketplace. The subject property is located on the
east side of North Federal Highway, approximately 500 feet north
of Allen Avenue, and is zoned GC (General Commercial) District.
QUASI-JUDICIAL PROCEEDINH
The City Attorney stated this item will be conducted as
a quasi-judicial proceeding which allows for presentations by all
involved parties, the admission of documents into the record and
public testimony.
The City Clerk swore in those individuals who wished to
give testimony on this item.
Ron Hoggard, Senior Planner, entered into the record
the Planning and Zoning Department's file on this project and a
listing of pertinent documents. He explained the development
proposal, noting that the project will be developed in three
phases which he briefly described. He noted that the design
follows the theme that came out of the design charrette for North
Federal Highway.
Heorqe Brewer, project architect, presented visual aids
and reviewed various aspects of the development proposal.
Chris Brown, Executive Director of the Community
Redevelopment Agency, stated that he felt the proposed plan is a
product of good public participation and that it will be a credit
to North Federal Highway. The Community Redevelopment Agency
supports the development proposal and recommends that the Commis-
sion support it as well.
s/os/ss
There being no one else from the audience who wished to
address the Commission, Mayor Alperin declared the public hearing
closed.
Discussion by the Commission followed. Mayor Alperin
requested clarification as to the removal of the existing awning
from the site or its relocation over parking if possible when
phase one construction is complete. Mr. Hoggard stated that the
awning could only be used to cover parking and not for covering
any additional vendors. If it turns out that it will not be used
for covered parking, the canopy must be removed no later than
January 2, 2000.
Mr. Egan asked if there are any assurances that the
applicant will be required to complete phases two and three once
phase one is completed? Mr. Schmidt noted that the recommended
conditions of approval provide for a drop dead date of January 2,
2000.
Mr. Egan moved to approve the conditional use modifica-
tion for the Delray Swap Shop, subject to the findings and
conditions recommended by the Planning and Zoning Board. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mayor Alperin - Yes. Said motion passed with
a 4 to 0 vote.
At this point, the time being 7:05 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
Agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 17-98 (SECOND READING/SECOND PUBLIC
HEARING: An ordinance amending Section 4.4.6, "Medium Density
Residential (RM) District", Subsection 4.4.6(D), "Conditional
Uses and Structures Allowed", of the Land Development Regulations
to allow private beach clubs with attendant recreational, dining
and related accessory facilities within that portion of the RM
zoning district located south of Atlantic Dunes Park and east of
State Road A1A, as a conditional use. 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. 17-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL
(RM) DISTRICT" SUBSECTION 4.4.6 (D) , "CONDI-
TIONAL USES A~D STRUCTURES ALLOWED", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO ALLOW PRIVATE BEACH CLUBS
WITH ATTENDANT RECREATIONAL, DINING AND
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RELATED ACCESSORY FACILITIES WITHIN THAT
PORTION OF THE RM ZONING DISTRICT LOCATED
SOUTH OF ATLANTIC DUNES PARK AND EAST OF
STATE ROAD A1A, AS A CONDITIONAL USE; PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 17-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in compli-
ance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
Mayor Alperin declared the public hearing open.
Mr. Rob Dittman, attorney representing the Delray Beach
Club, stated the proposed amendment will allow the club to make
some improvements to the property and requested that the Commis-
sion accept the Planning and Zoning Board's recommendation for
approval.
There being no one else from the audience who wished to
address the City Commission, the public hearing was closed.
Mr. Schmidt moved to approve Ordinance No. 17-98 on
Second and FINAL Reading, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 4 to 0 vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
In response to the prior comment about the speakers not
working properly outside of the Commission Chambers, the City
Manager stated they were repaired on April 30, 1998. However,
Mr. Barcinski has reported this evening that the speaker in the
first floor conference room is still not working, so that one
will be looked at again.
With regard to the relocation of the traffic signal at
Whatley Road on West Atlantic Avenue, the City Manager stated
that staff contacted Mr. Overton, the project manager with the
Florida Department of Transportation, who reported that FDOT is
waiting on underground utility locations in order to set mast
arms; also, they have to redesign and redo the median at Whatley
Road. If the utility locations are a problem for the signal mast
arms, they will have to be redesigned. At this time, Mr. Overton
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could not provide a tentative completion date. Staff will
continue to monitor this situation.
With regard to the request for left turn signals at the
intersection of Swinton Avenue and Lake Ida Road, the City
Manager stated that the County is scheduled to do the necessary
field work on this in about three weeks.
Concerning the comment from Janet Patrick about drug
dealers in her area having threatened her, the City Manager
reported that the Police Department has been working on this
problem diligently. Mrs. Patrick is aware of this and appreci-
ates the efforts. The Police Department has provided extra
patrols, conducted surveillances, and made arrests. In addition,
the owner of the problem property was identified and the owner
has since evicted the drug dealers which significantly improved
the situation in this area. What is occurring is that due to the
pressure exerted by the Police on specific groups of drug deal-
ers, they are constantly on the move. As the dealers move so
does the Police Department. This is why dealers may occasionally
try to start up operations again in the area of S.W. 6th Avenue
and 3rd Street. As soon as they try, however, the Police Depart-
ment will be on them to prevent the dealers from reestablishing
their operations in that area. The City Manager further stated
that a letter was received from Mad Dads thanking the Police
Department for their responsiveness to Mrs. Patrick's particular
situation and outlining some things that Mad Dads is also doing
with patrols in that area to help the situation.
11.B. From the Public.
11.B.1. Jean Beer, 945 Tropic Boulevard, speaking on behalf of
the Presidents' Council and Progressive Residents of Delra¥
(PROD), presented the results of a survey conducted by the
Presidents' Council and PROD. She felt there was a good re-
sponse, with 22% responding from the Presidents' Council and an
11% to 12% response from PROD members. Traffic and safety were
the number one concerns, with street lighting second, code
enforcement third, followed by drainage, street conditions, trash
collection, sidewalks, landscaping, water pressure, and front
lawn parking. Other concerns included Police and crime, the need
for street sweeping, Planning and Zoning decisions that have led
to a proliferation of rental developments and higher densities,
education, park maintenance in Oakmont, and lack of follow-up
when things are brought to the attention of the City. Mrs. Beer
stated she hoped the Commission would appreciate all of the work
involved with this survey and that the areas identified would be
followed up on.
11.B.2. Mr. Leslie Derfler, 317 N.W. 12th Street, explained
that N.W. 12th Street between 3rd and 4th Avenues is being worked
on for utility improvements and in the process the roadway
pavement is being narrowed. On April 20, 1998, he received a
letter from the City Engineer which stated there would be com-
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plete restoration at the end of driveways once the work is
complete. However, Mr. Derfler stated that his driveway is
constructed of interlocking paver blocks while all the others on
the block are asphalt blacktop. The restoration that is to occur
will consist of eight feet of blacktop at each end of his circu-
lar drive which he felt will look terrible and will detract from
the appearance of his property. Mr. Derfler continued that his
intent is to put in the interlocking pavers to the new edge of
the pavement, and he asked that the City help with the cost of
extending the paver block driveway since it was a decision of the
City which led to the reduced roadway width.
The City Manager stated that staff would look at the
situation to see what might be a reasonable accommodation of the
problem.
ll.B.3. Mr. Terry Sullivan, 1700 Dover Road, discussed the
various problems he and his wife have encountered in attempting
to bring their property located at 215 N.E. 22nd Street (Delray
Dance Conservatory) into compliance with the City's landscape
code. Mr. Sullivan claimed that conflicting information has been
provided by different individuals and that the requirements seem
to constantly change. In addition, they received a notice about
trash on the property that would have to be removed or else a
fine would be imposed. In checking it out, however, Mr. Sullivan
found that the trash problem is on property located immediately
to the east of his which is owned by the City. Mr. Sullivan
concluded by stating the problem just seems to keep escalating
and it has been a very frustrating experience trying to work with
the City to resolve it.
11.B.4. Mr. Lloyd Millanise, 3444 Old Germantown Road, stated
he has addressed the Commission before about the unsightly
appearance of properties along the north side of Old Germantown
Road. He particularly complained about the condition of the site
known as the Fine property, and also further down the road there
is a hedge row that is not maintained properly. He also men-
tioned the Delray Summit property as being unsightly. Mr.
Millanise commented that all of the properties on the south side
of the road seem to cooperate in keeping the area clean, and he
asked that something be done about the appearance of the proper-
ties on the north side of Old Germantown Road.
12. FIRST READINGS:
12.A. ORDINANCE NO. 19-98: An ordinance amending the Laver's
North SAD (Special Activities District) by re-establishing the
total approved unit count at 610 residential dwelling units,
through the transfer of four residual units from The Vinings
development to the southwest corner of the Laver's North SAD to
accommodate a proposed 64 unit apartment building to be known as
St. Tropez at Delray Beach. If passed, a quasi-judicial public
hearing will be scheduled for May 19, 1998.
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The City Manager presented Ordinance No. 19-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT
(SAD), AS ESTABLISHED BY ORDINANCE NO. 65-80,
AND AS SUBSEQUENTLY AMENDED BY ORDINANCE NO.
21-95 AND ORDINANCE NO. 34-96, BY RE-ESTAB-
LISHING THE TOTAL UNIT COUNT APPROVED FOR THE
LAVER'S NORTH SAD AT 610 RESIDENTIAL DWELLING
UNITS THROUGH THE TRANSFER OF FOUR DWELLING
UNITS FROM THAT PORTION OF THE SITE PLATTED
AS 'THE VININGS AT DELRAY BEACH' TO THE
VACANT PARCEL OF LAND AT THE SOUTHWEST CORNER
OF THE LAVER'S NORTH SAD; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 19-98 is on file in the City
Clerk's office.)
The City Attorney read the caption of the ordinance.
She noted that a quasi-judicial hearing on the ordinance will be
held on May 19, 1998.
Doak Campbell, attorney representing the applicant,
briefly explained that the subject request is in conjunction with
the development of the last residential component of the Laver's
North SAD. When the Special Activities District was first
established, the total number of units approved was 610. When
The Vinings portion of the site was constructed the actual number
of units built was four (4) less than what had been anticipated.
The proposed SAD modification allows for the transfer of these
four units to the southwest portion of the site to increase the
number of residential units in that component from 60 to 64. Mr.
Campbell stated this will not have any adverse impacts because
the total number of units within the development will not exceed
the 610 units originally approved for the site.
Mr. Schmidt moved to approve Ordinance No. 19-98 on
FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 4 to 0 vote.
At this point, the Commission returned to Item 9.E. on
the regular agenda.
9.E. INTEREST IN CONSIDERATION FOR MUNICIPAL LEAGUE APPOINT-
MENTS: Consider a request from the Municipal League for letters
of interest to be considered for appointment as the Municipal
League representative to the Vehicle for Hire Task Force, Non-
Medical Transport Service Task Force, and/or the Intergovernmen-
tal Coordination Program (IPARC) Executive Committee.
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While the Mayor and City Commissioners felt these to be
worthwhile endeavors, no one wished to be nominated for consider-
ation due to time constraints.
Mayor Alperin suggested that staff check to find out if
the representative to the Intergovernmental Coordination Program
(IPARC) Executive Committee has to be an elected official or if a
staff member could serve in this capacity. If a staff member
would be acceptable and if an appropriate staff person were
interested in such an appointment, the Commission would have no
objection to supporting that nomination.
9.F. BUDGET FOR ALL-AMERICA CITY AWARD PRESENTATION:
Consider approval of the budget request from the All-America City
Award Steering Committee.
Mr. Ellingsworth moved to approve the budget request
from the All-America City Award Steering Committee, to be funded
by a transfer from City Manager's contingency. The motion was
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manaqer.
The City Manager reported that he had met with some
representatives of some of the communities along Lake Ida Road to
discuss the fact that they have changed their opinion about the
need for widening of the road. As a result, the City Manager
suggested that a public hearing on the Lake Ida Road widening
issue be set for the next regular meeting on May 19, 1998, to
give the people who live along the road the opportunity to
express their views on the subject. Some have changed their
views while some have not. Public hearings have been held in the
past on this issue, and it is the appropriate process to follow
again to make a decision on whether or not the City Commission
wants to ask Palm Beach County to put the Lake Ida Road widening
back into their five year road program. The City Commission
concurred with the City Manager's suggestion to hold a public
hearing.
In response to an inquiry from Commissioner Randolph
about progress on the Military Trail utility relocation project,
the City Manager reported that it is finished. There is one
additional potential water main conflict that is being evaluated
for resolution by the County's consultant, but there should be
enough funds left in the contract to take care of that without
the City having to get involved. The City Manager noted that our
cost for doing this project ourselves was $80,000 as opposed to
the contractor's quote of $220,000.
5/05/98
The City Manager then reported that Joe Weldon, Direc-
tor of Parks and Recreation, has looked at the situation at
Plumosa Elementary School with the maintenance on both the east
and west sides of the facility and will be working with the
School District to try to improve these areas. He further stated
that our agreement with the School District for shared use of the
recreational facilities has expired and has not been renewed for
a variety of reasons. The City did not get much cooperation from
the School District on the maintenance of the area, especially
irrigation; there were a lot of problems with vandalism which
ultimately led to the demolition of the restrooms which had been
there; and there is no lighting for the sports fields. Neverthe-
less, the area is open and used a good bit so staff will work
with School District staff to see if we can get some improvements
in the maintenance.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Ellinqsworth had no comments or inquiries.
13.C.2. Commissioner Eqan had no comments or inquiries.
13.C.3. Commissioner Schmidt stated that he had attended the
State Sister Cities Conference this past weekend. Besides Delray
Beach being singled out as probably dealing best with youth out
of all the programs in the state, Mr. Schmidt was pleased to
point out there were representatives there from about a dozen
cities throughout the state and at some point over the weekend
every one of them commented to him that they had either been to
Delray and how great it is, or that they had read about us in
some publication somewhere in the state. No other city in
attendance was complimented like that, so Mr. Schmidt wanted to
report this back to the Commission.
13.C.4. Mayor Alperin, too, reported that he had recently been
at a leadership program and was pleasantly surprised that three
other politicians from around the state came up to him and
thanked the City Commission for doing such a great job with
Delray Beach, especially since they all spend a lot of time here
because their parents chose to retire to Delray.
He further stated that his daughter, who is a city
planner in Nashville, was recently sent to Atlanta for an urban
planning certification program. During the course, three cities
were mentioned as model cities on a national level and Delray
Beach was one of them.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:40 p.m.
5/05/98
~City C~rk /
ATTEST:
The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the meeting of said City Commission of May 5, 1998
which minutes were formally approved and adopted by the City
Commission on ~9,J /~ /~
- City ~l~k -'
NOTE TO RE~ER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
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