06-16-98 JUNE 16, 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,
June 16, 1998.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were Acting City Manager Robert A. Barcin-
ski and Assistant City Attorney Brian Shutt.
2. The opening prayer was delivered by Pastor Dan Cassel-
berry, Cason United Methodist Church.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4.. Agenda Approval.
Mayor Alperin stated he wished to amend the agenda by
adding a presentation from the All-America City Steering Commit-
tee as Item 7.B.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
5. ADproval of Minutes:
Mr. Schmidt moved to approve the Minutes of the Regular
Meeting of June 2, 1998, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations:
6.A. Parks and Recreation Month - July, 1998
Mayor A1perin read and presented a proclamation in
recognition of July, 1998, as Parks and Recreation Month. Mr.
Joe Weldon, Director of Parks and Recreation, came forward to
accept the proclamation. Mr. Weldon distributed a brochure with
information on the special events which have been planned for the
month of July and encouraged everyone to participate in these
leisure activities.
7. Presentations:
7.A. Selection of Winninq Ticket for Trip to Tokyo, Japan
(Sister Cities Committee).
Commissioner Schmidt stated that the Sister Cities
Committee has been raising money over the past couple of years
and will be sending five High School students and a teacher to
Japan for two weeks at the end of June. Everyone is very excited
about this program which will be a once in a lifetime experience
for the young people involved. Ail Nipon Air donated two round-
trip tickets to Tokyo to be raffled off in support of the fund
raising effort for the student program. At this point, Mayor
Alperin selected the winning ticket and Mr. Schmidt announced
that the winner was John Walker with the City's Planning Depart-
ment.
7.B. All-America City Presentation.
Joe Gillie, Director of Old School Square, stated he
has had the honor over the last four weeks of directing the
delegate contingent that will be leaving tomorrow morning {June
17th) for Mobile, Alabama, and the All-America City competition.
He introduced the delegates in attendance and commended them for
all of their hard work in preparing for this event. He especial-
ly recognized the large number of young people included as the
focus of the City's application for 1998. Mr. Gillie then
reported that the City of Delray Beach has been selected by CNN
as one of the cities to be covered as part of the All-America
City competition, and he would let everyone know when the segment
will air as soon as it is scheduled (probably Saturday night or
Sunday morning).
Frank McKinney, Chairman of the All-America City
Steerinq Committee, expressed thanks and appreciation to the
leaders of the City for their support and for making it possible
for the steering committee to have to work hard to select three
out of the fifteen worthy projects considered for inclusion in
the All-America City application. At this point, Mr. McKinney
asked for a moment of prayer in support of the City delegation
heading for Mobile, Alabama, and the All-America City competi-
tion.
Mayor Alperin expressed his thanks and appreciation to
Mr. McKinney and Mr. Gillie for having taken on the leadership
role and working so hard to bring the City's presentation togeth-
er. He also recognized the citizens of Delray Beach who are
really the ones who have made things happen because they care so
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deeply about the City and, win or lose, Delray is an All-America
City which everyone should be proud of.
In conclusion, Mr. McKinney stated there will be a
celebration at Boston's on Tuesday, June 23rd, at 6:30 p.m.,
regardless of what happens at the competition, and invited
everyone to attend.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RESOLUTION NO. 37-98: Approve a resolution requesting
funds from the Palm Beach County Emergency Medical Services
Grants Program to be used for the purchase of four semi-automatic
electronic defibrillators by the Fire Department.
The caption of Resolution No. 37-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUESTING
FUNDS FROM THE PALM BEACH COUNTY EMERGENCY
MEDICAL SERVICES GRANTS PROGRAM.
(The official copy of Resolution No. 37-98 is on file
in the City Clerk's office.)
8.B. RESOLUTION NO. 38-98: Approve a resolution authorizing
the Community Redevelopment Agency to acquire by gift, purchase
or eminent domain certain real property described as Lot 10,
Revised Plat of Block 36, Town of Delray.
The caption of Resolution No. 38-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF CERTAIN REAL PROPERTY AS
HEREINAFTER DESCRIBED BY THE DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY BY GIFT,
PURCHASE OR EMINENT DOMAIN; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
(The official copy of Resolution No. 38-98 is on file
in the City Clerk's office.)
8.C. RULES OF THE BOARD OF ADJUSTMENT: Approve rules of
procedure for the Board of Adjustment as adopted by the board on
May 21, 1998.
8.D. RATIFICATION OF CHAMBER APPOINTMENT TO THE PARKING
MANAGEMENT ADVISORY BOARD: Ratify the appointment of Perry
DonFrancisco as the Chamber of Commerce representative on the
Parking Management Advisory Board, for a two year term ending
July 1, 2000.
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8.E. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE
PROGRAM: Approve funding subsidies in the total amount of
$63,000.00 for four (4) income eligible applicants under the
Delray Beach Renaissance Program, with funding in the amount of
$22,000.00 from 118-1923-554-83.01 {HOME) and $41,000.00 from
118-1924- 554-93.01 {SHIP).
8.F. RELEASE OF LIENS ON PROPERTIES DONATED TO HABITAT FOR
HUMANITY: Approve the release of all City liens on Lot 4, Block
23, and Lot 3, Block 25, Town of Delray, in order to establish
clear title for the lots under the Habitat for Humanity program.
8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/CNG FUEL
PURCHASES: Approve an interlocal agreement with Palm Beach
County for the purchase of CNG (compressed natural gas) fuel from
the County fueling stations.
8.H. AGREEMENT FOR WATER MAIN CONSTRUCTION FUNDING/DHARMA
FOUNDATION (S.E. 2ND AVENUE): Approve an agreement for water
main construction funding with the Dharma Foundation III, Inc.,
wherein Dharma will contribute $10,000.00 toward the water main
upgrade on S.E. 2nd Avenue to an 8 inch water main.
8.I. CLOSEOUT CHANGE ORDER AND REQUEST FOR FINAL PAY-
MENT/INTERCOUNTY ENGINEERING, INC.: Approve Change Order
(Final) in the amount of $6,570.08 and final payment in the
amount of $16,887.35 to Intercounty Engineering, Inc. for comple-
tion of the Rehabilitation of Lift Stations 3, 10, 32, 83, 88 &
105 project, with funding from 442-5178-536-61.83 (W&S Renewal
and Replacement/Lift Station Rehabilitation).
8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period from June 1, 1998 through June 12, 1998.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Contract award in the amount of $110,362.00 to
Master Contractors, Inc. for construction of the
Knowles Park boat ramp, restrooms and boardwalk
project {base bid and alternate #1), with funding
from 334-4179-572-63.90 (General Construction Fund
- Knowles Park Improvements), 50% of which is
funded via Florida Inland Navigation District
{FIND) grant.
2. Contract award in the amount of $158,700.00 to
Marine Engineering Contractors, Inc. for the
reconstruction of the north field at Miller Park,
with funding from 334-4173-572-63.73 (General
Construction Fund - Miller Park Regrading and
Sodding).
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3. Grant award through the Community Development
Block Grant (CDBG) program for the rehabilitation
of an owner occupied housing unit at 1407 S.W. 4th
Street to Frank Bouman Construction in the amount
of $13,887.30, with funding from 118-1963-554-
49.19 (Community Development Housing Rehabilita-
tion).
4. Grant award through the State Housing Initiatives
Partnership (SHIP) program for the rehabilitation
of an owner occupied housing unit at 934 S.E. 3rd
Avenue to Craftsman Plus, Inc. in the amount of
$19,724.25, with funding from 118-1924-554-49.19
(SHIP Program).
5. Purchase award in the amount of $24,500.00 to
Wareforce, Inc., via Florida State Contract, for
Microsoft '97 licenses and software to be used at
the Police Department, with funding from 001-2113-
521-51.25 (Police Support Services/Computer
Software).
Mr. Ellingsworth moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. LAKEVIEW GOLF COURSE - BID AWARD FOR CLUBHOUSE/ RE-
PLACEMENT OF CART PATHS/FUNDING: Consider approval of a bid
award in the amount of $503,700 to David Brooks Enterprises, Inc.
for construction of the Lakeview Golf Course Clubhouse, authorize
the replacement and repair of golf cart paths on the course, and
authorize funding for the project.
Robert A. Barcinski, Acting City Manager, explained the
three requests associated with this item. The first is to
approve the bid award to the low bidder, David Brooks Enterpris-
es, Inc. in the amount of $503,700 for the demolition of the old
clubhouse and construction of a new clubhouse. The second is to
authorize staff to proceed with repairing and replacing the golf
cart paths this summer while the course is closed at an estimated
cost of $50,000. Also requested is authorization to proceed with
borrowing up to $350,000 to complete all of the projects involved
with the Lakeview Golf Course. This will probably be bonded with
a 10 to 15 year time frame depending on how the budget can handle
it. Formal authorization for financing the project would be
brought back to the City Commission for approval at a future
meeting once all of the details are worked out.
Mr. Egan moved to approve the bid award in the amount
of $503,700 to David Brooks Enterprises, Inc., seconded by Mr.
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Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
Mr. Egan moved to approve the repair and replacement of
the golf cart paths at Lakeview Golf Course, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan Yes; Mr.
Ellingsworth - Yes; Mr. Randolph Yes. Said motion passed with
a 5 to 0 vote.
Mr. Egan moved to approve and authorize the recommended
funding for the project, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 5 to 0 vote.
At this point, by consensus of the City Commission,
Item 9.E. was moved forward on the agenda.
9.E. REQUEST FOR TEMPORARY USE PERMIT/SANDOWAY PARKING LOT:
Consider a request from the Friends of Sandoway House for a
temporary use permit to allow the use of the Sandoway parking lot
on the Fourth of July as a fund raiser by charging for cars to
park in the lot for the day.
Mr. Barcinski explained that the request from the
Friends of Sandoway House is to let them use the Sandoway parking
lot on the Fourth of July from 8:00 a.m. until 6:00 p.m. and
charge $5.00 a car to park to raise funds to help supplement
their operating budget. He further stated he has a concern that
this would be a precedent setting action that the City Commission
has not done in the past for other groups for the purpose of fund
raising and could lead to similar requests in the future. In
addition, the City will lose parking meter revenue for the day
estimated at about $1,000.00. While the Commission may wish to
consider approving the request, other options include giving an
outright donation or designating parking meter revenue collected
on the Fourth of July in the Sandoway lot to the Friends of
Sandoway House to help offset operating costs.
The majority consensus of the City Commission was to
concur with Mr. Barcinski's concerns, especially as to the
precedent this action could set.
Mr. Egan moved to deny the request for a temporary use
permit from the Friends of Sandoway House and instead make a cash
donation in the amount of $1,000.00 to the Friends of Sandoway
House to be funded from the City Manager's contingency account.
The motion was seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - No; Mayor Alperin Yes; Mr. Schmidt - Yes.
Said motion passed with a 4 to 1 vote.
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9.B. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE:
Consider a request for special event approval for the Art & Jazz
scheduled for July 2, 1998, including temporary use permit and
street closure, staff support, use of City equipment, and speci-
fied overtime costs.
Mr. Schmidt moved to approve the special event request
for the July 2nd Art & Jazz on the Avenue as recommended by
staff, including a cap of $7,500 for overtime costs with any
difference to be paid by the Joint Venture. The motion was
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
A1perin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9.C. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE:
Consider a request for special event approval for the 1998 Summer
Nights on the Avenue series, including temporary use permits and
street closures, staff support, and waiver of overtime costs up
to a maximum of $5,000.00.
On the schedule for the Summer Nights events, Mr.
Barcinski noted that the Atlantic Plaza event will be combined
with the Veterans Park concern into one event on August 21, 1998.
Mr. Randolph moved to approve the special event request
for the 1998 Summer Nights on the Avenue series as recommended by
staff, including waiver of overtime costs up to a maximum of
$5,000.00. The motion was seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
Prior to roll call, Mr. Egan asked if the 'booting'
issue with Atlantic Plaza has been resolved? Mr. Barcinski
responded that the issue has not been resolved, although discus-
sions have taken place and Bill Wood with the Chamber is trying
to set up a meeting with the property manager.
9.D. REQUEST FOR TEMPORARY USE PERMIT/ANCHOR PARK GRASS AREA
AND CITY HALL PARKING LOT: Consider a request from the Joint
Venture for a temporary use permit to allow a VIP tent in the
grass area at Anchor Park and the use of City Hall parking lots
on the Fourth of July.
Mr. Barcinski stated this is a request from the Joint
Venture for a temporary use permit to allow Sprint, a major
sponsor of the July 4th fireworks, to place a tent in the Anchor
Park grass area for a VIP party on the Fourth of July. They
would also like to use the lots at City Hall for parking and then
bus or trolley their guests over to the park. Staff has reviewed
the request and has no objections. A tent permit will be re-
quired and the location of the tent will have to be verified with
the Parks and Recreation Department.
7 o /16/98
Mr. Egan moved to approve the temporary use permit for
the use of Anchor Park grass area and the City Hall parking lots
on the Fourth of July as recommended by staff. The motion was
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed
with a 5 to 0 vote.
9.F. CRA APPLICATION TO BEAUTIFUL PALM BEACHES, INC./
BEAUTIFICATION FOR WEST ATLANTIC AVENUE: Consider a request from
the Community Redevelopment Agency for the City's participation
and assistance with the CRA's application to Beautiful Palm
Beaches, Inc. for funding of beautification activities for West
Atlantic Avenue.
On question from Mr. Egan, Shelley Treadwell, CRA
Economic Development Manager, stated that if the CRA is success-
ful with this particular grant application, the funds will be
awarded in 1999 with construction anticipated to start shortly
thereafter (Blocks 600 through 1000) . She clarified there is
another grant award already in place, with construction expected
to begin in the fall.
Mr. Ellingsworth moved to approve the Community Rede-
velopment Agency's request for the City's participation and
assistance with the CRA grant application to Beautiful Palm
Beaches. The motion was seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 5 to 0 vote.
9.G. CONTRACT ADDITION (C.O. #5)/MOLLOY BROTHERS, INC.
(BERMUDA GARDENS DRIVE): Consider approval of a contract addi-
tion (C.O. #5) in the amount of $47,700.00 with Molloy Brothers,
Inc. under the S.E. 4th Avenue Roadway Improvements contract to
include installation of a new water main and sanitary sewer, and
complete road reconstruction at Bermuda Gardens Drive, with
funding from 441-5161-536-63.72 (W&S Capital Outlay - Bermuda
Gardens Drive).
Richard Hasko, Director of Environmental Services,
explained that the Bermuda Gardens Drive project has been delayed
for some time due to problems with obtaining the necessary
easements. The easements have now been secured and accepted,
with construction to be expedited through the contract addition
since septic tanks at houses along Bermuda Gardens Drive are
failing.
Mr. Schmidt moved to approve the contract addition
(C.O. #5 with Molloy Brothers, Inc. for the Bermuda Gardens
Drive project, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
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9.H. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES
ANNUAL CONFERENCE: Designate a voting delegate to the 72nd
Annual Conference of the Florida League of Cities to be held
August 13-15, 1998, at the Fontainebleau Hilton Hotel, Miami
Beach.
Mr. Randolph moved to designate the City Manager as the
voting delegate to the 72nd Annual Conference of the Florida
League of Cities, seconded by Mr. Schmidt. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 5 to 0 vote.
9.I. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY:
Appoint a member to the Community Redevelopment Agency for a four
term term commencing July 1, 1998, and ending July 1, 2002. The
appointment will be made by Commissioner Ellingsworth.
Mr. Ellingsworth moved to appoint Robert Costin to the
Community Redevelopment Agency for a four year term commencing
July 1, 1998, and ending July 1, 2002. The motion was seconded
by Mr. Egan. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5
to 0 vote.
At this point, the Commission moved to Item 11. on the
agenda.
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 inquiry about the status of the "No
Wake/Idle Speed" signage along the Intracoastal Waterway from the
north end of Veterans Park to just south of Linton Boulevard, Mr.
Barcinski reported that the resolution requesting this change was
sent to Palm Beach County and was in turn forwarded by the County
to the Florida Marine Patrol in February, 1998. The request is
currently in process at the Marine Patrol offices in Tallahassee.
Staff is following up to determine status and when we can expect
to hear from the Marine Patrol about the request.
In response to the comment from Mr. Winston Hudson
about the concerns of the residents in his neighborhood to be
more fully informed of and involved with redevelopment plan
discussions, Mr. Barcinski stated that Lula Butler, Director of
Community Improvement, spoke with Mr. Hudson and advised him of
the West Atlantic Avenue Redevelopment Plan. In addition, Mr.
Clay Wideman invited various neighborhood association presidents
to the last Delray Merchants Association (DMA) meeting. There
was a very good response, with lots of questions being addressed
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and with Chris Brown, CRA Executive Director, committing to
making a presentation on the redevelopment plan at the August DMA
meeting. Mr. Hudson had also raised a concern about the CRA's
efforts to acquire a structure on N.W. 3rd in cooperation with
Mount Olive Missionary Baptist Church. The owner's representa-
tive is willing to sell, but wanted to defer making a final
decision until the occupant's health improves and she agrees to
being moved. Mr. Hudson stated that the family simply wanted the
CRA to be more sensitive to their situation. Mr. Barcinski
stated staff believes the CRA will do this; the family had not
spoken to Mr. Brown at the time Mr. Hudson addressed the City
Commission.
In response to the comments about traffic problems in
the North Federal Highway area, particularly the Bond Way neigh-
borhood, Mr. Barcinski noted that the North Federal Highway
charrette conducted by the Treasure Coast Regional Planning
Council and the consultants did not include an in-depth analysis
of traffic conditions in the North Federal Highway residential
areas. Further, the work did not analyze any specific traffic
patterns or problems on Bond Way. The plan did provide general
illustrations for Bond Way which included a traffic circle at
N.E. 8th Avenue and Bond Way, along with an urban street section
of sidewalks and on-street parking. Since the North Federal
Highway charrette was held, the Florida Department of Transporta-
tion has closed the median cut at Federal Highway and Bond Way,
although staff has received some requests from residents to open
it again. The closed median is modifying the traffic pattern and
staff feels we should wait to see how much of an effect this may
have on traffic problems in the area, especially on seasonal
traffic counts. A petition has been received from residents in
the Bond Way area to do some speed humps and stop signs in the
neighborhood. Mr. Barcinski stated he is looking into what
exactly the plan says and he will get back to Ms. Speer on this
matter.
ll.B. From the Public.
ll.B.1. Jeff Lempke, owner of Masquerade Cafe at 640 East
Atlantic Avenue, stated it is his understanding that a new
ordinance goes into effect on June 22, 1998, that will greatly
affect his business which is located at the back of a courtyard.
He referred to the prohibition on the use of sandwich board signs
on Atlantic Avenue and stated that his business depends on
customers generated from the Atlantic Avenue pedestrian traffic
who see the sign and then walk back into the courtyard. Without
a sign on the Avenue, people do not know the courtyard exists and
his business will lose a great deal of revenue. Mr. Lempke asked
for consideration to allow the continued use of the sandwich
board signs on Atlantic Avenue for restaurants and entertainment
businesses.
As clarification, Mr. Barcinski noted that the prohibi-
tion against sandwich board signs is not a new ordinance, but
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rather enforcement of the existing ordinance. The issue is being
looked at and a formal response will be forthcoming.
ll.B.2. Alice Finst, 707 Place Tavant, stated she read in the
newspaper that County Commissioner McCarty had written a letter
to the City offering money to put in a third lane on Lake Ida
Road between Congress Avenue and Military Trail. She asked if
this was the case and that the Commission provide an update on
what is happening in this regard.
In response, Mayor Alperin stated he has had communica-
tion with Commissioner Aaronson and Commissioner McCarty concern-
ing the money that is available. The County Commission is
leaning strongly toward putting this widening project on their
road program in the 2003 fiscal year for construction. However,
they have basically offered the City three alternatives: (1) if
the City wants a three lane section, the County would construct
the road and immediately transfer maintenance responsibility of
the Military Trail to U.S. #1 segment to the City; (2) leave the
road as it is and transfer maintenance responsibility to the
City; or (3) allow the County to do the four-laning and the
segment will remain a County roadway. Mayor Alperin stated he
had made some inquiries about the plans for development of the
western areas along Lake Ida Road and found they are allowed
right now to build up to three units per acre with a request to
go to 3 to 5 units per acre, but the County could give up to 8
units per acre although the adjacent properties would probably
only justify 5 units per acre at most. Commissioner McCarty
indicated the emphasis would be on keeping the density down to
even three units per acre. Unfortunately, there is no guarantee
that this is what would happen but supposedly there is strong
support from Commissioners Aaronson and McCarty that they will do
all they can to keep the density under 5 units per acre. In any
event, he felt the City might have some recourse through the
Intergovernmental Coordination Issues Forum to protest any
densities higher than the surrounding areas which mostly average
about 4 units per acre.
Mayor A1perin continued that it is his understanding
that there may be enough money to do the whole segment to four
lanes, although he believes the money can only be used for road
construction and may not be available for traffic calming mea-
sures. He has also been advised that the County's traffic
engineers would consult with City staff concerning construction
of the road in such a way that it would be designed with traffic
calming in addition to being widened.
In conclusion, Mayor Alperin stated the County wants a
response from the City in the form of a resolution as to the
Commission's position on this matter.
Discussion by the Commission followed, with the consen-
sus being that the City does not want to assume maintenance
responsibility for this segment of Lake Ida Road.
o6/ 6/98
Mr. Randolph commented that if the City goes along with
the four-laning, a study should be done to check the condition of
our underground utilities in this area. If it looks as if there
is going to be additional infrastructure cost to the City because
of the road widening, perhaps the County could be asked to assume
this as part of their construction costs.
Mr. Ellingsworth indicated that at this point, with the
assurances from Commissioners Aaronson and McCarty on the density
issue, he was leaning toward the 4-lane option.
Mr. Schmidt commented that in the letter from Commis-
sioner McCarty, she states that if the County three-lanes the
road and turns the maintenance responsibility over to the City,
since it would then be considered a local road it would not
affect the County's concurrency standards and they could still
allow the development out west whether Lake Ida Road is a County
collector road or not. In response to his request for confirma-
tion of this statement, Paul Dorling, Acting Planning Director,
stated Commissioner McCarty is correct in this statement.
Mr. Egan commented that originally he felt that by not
going to four lanes maybe some of the development in the western
areas could be held back, but that is not the case. The County
has indicated that its staff would be willing to work with the
City as to the design of the road, landscaping, etc. While he
was not happy with the four-laning, he felt strongly that future
City Commissions could not be saddled with ownership of the road.
It was the consensus of the City Commission to direct
that a resolution supporting the four-laning, as qualified above,
be drafted for consideration at the next regular meeting.
11.B.3. Gerald DeFoe, resident of Country Manors, endorsed the
four-laning of Lake Ida Road provided medians are installed which
will help with the ingress/egress to the various developments
along this segment.
ll.B.4. Jean Beer, 945 Tropic Boulevard, stated she has ar-
ranged with County Commissioner McCarty to have a meeting with
George Webb and any members of the Commission who would like to
attend on July 24, 1998, concerning traffic on Linton Boulevard
and Atlantic Avenue and the proposed changes to the 1-95 inter-
changes. It is P.R.O.D's opinion that the changes will only make
the traffic situation worse instead of better. Mrs. Beer stated
a concerted effort by the City and the County is needed to bring
about political pressure, including getting the involvement of
our state and federal legislators. The more the two interchanges
can be cloverleafed, the more the traffic problems on these two
major arteries can be alleviated. The time to bring the pressure
to get the changes is now and Mrs. Beer urged the City Commission
to support this effort.
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It was the consensus of the Commission to strongly
support this effort and work on a campaign in coordination with
Palm Beach County.
At this point, the time being 7:00 p.m., the Commission
moved to the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 22-98: An ordinance annexing a 4.19 acre
parcel of land located on the west side of Military Trail,
approximately 700 feet south of Atlantic Avenue (commonly known
as the Carusillo and Evans North property); providing for a small
scale Future Land use Map amendment from County HR-8 (High
Density Residential 8 dwelling units/acre) to City Medium
Density Residential (5-12 dwelling units/acre); and establishing
initial zoning of RM-8 (Medium Density Residential - 8 units per
acre). 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. QUASI-JUDICIAL HEARING
The caption of Ordinance No. 22-98 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE WEST SIDE OF MILITARY TRAIL,
APPROXIMATELY 700 FEET SOUTH OF ATLANTIC
AVENUE, BEING COMMONLY KNOWN AS THE CARUSILLO
AND EVANS NORTH PROPERTY, AS MORE PARTICULAR-
LY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS
TO EXISTING MUNICIPAL LIMITS; REDEFINING THE
BOUNDARIES OF THE CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AFFIXING AN OFFICIAL LAND USE
DESIGNATION OF MEDIUM DENSITY RESIDENTIAL
5-12 DWELLING UNITS/ACRE FOR SAID LAND TO THE
FUTURE LAND USE MAP AS CONTAINED IN THE
COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER
THE SINGLE HEARING ADOPTION PROCESS FOR SMALL
SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR
THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY
RESIDENTIAL 8 DWELLING UNITS/ACRE); PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 22-98 is on file in
the City Clerk's office.)
The Assistant City Attorney read the caption of the
ordinance, and stated this item would be conducted as a quasi-ju-
dicial hearing which allows for presentations by all involved
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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.
Paul Dorling, Acting Planning Director, entered into
the record the Planning and Zoning Department's file on this
project and a listing of pertinent documents. He presented a
brief overview of the request and stated that the Planning and
Zoning Board formally considered the application on May 18, 1998,
and voted unanimously to recommend approval. At first reading on
June 2, 1998, it was reported to the Commission that the County
had raised a concern with respect to the annexation creating an
enclave. Mr. Dorling stated that staff has since met with County
staff regarding this issue and they have dropped their objections
and provided a letter of support which is included in the file of
record.
Mike Covelli, agent representing the property owner and
the contract purchaser, stated the property is voluntarily being
annexed into the City for ultimate development as an adult
congregate living facility in conjunction with the parcel of land
to the south which was annexed about a year ago. As the project
moves forward, various site planning issues will be addressed
including the potential for a joint access easement along the
north property line so that residents of the subdivision located
behind the subject property will have the ability to access
through the property to Military Trail rather than having to
access their homes from Atlantic Avenue through a commercial
development to the north.
Mr. Dorling clarified that the access issue would be
addressed through the site plan process and is not included as
part of the current application.
There being no one else who, having been duly sworn,
wished to address the Commission, the public hearing was closed.
Mr. Egan moved to approve Ordinance No. 22-98 on Second
and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes.
Said motion passed with a 5 to 0 vote.
12. FIRST READINGS: None
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
In response to Commissioner Schmidt's comment at the
last meeting that he had been contacted by one of the merchants
in the Ocean City complex about an extension for the use of
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sandwich board signs, Mr. Barcinski reported that staff has
requested and for the most part received cooperation from the
businesses on removing the signs by June 22, 1998. The sign
which was approved by Commission for the Ocean City complex has
been put up and it seems to have alleviated the problem somewhat.
If there are still issues, he felt sure we would hear about them
in the future.
Mr. Barcinski then stated that an article ran in The
Post on June 11, 1998, regarding a proposal to cut a new road
through Lake Ida Park to the BE Aerospace manufacturing plant,
and asked if the City Commission wished to send a letter of
objection to the Intergovernmental Coordination Issues Forum in
this regard? It was the consensus to send a letter expressing
the City Commission's concerns about the proposal.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Scb_midt had no comments or inquiries.
13.C.2. Commissioner Egan had no comments or inquiries.
13.C.3. Commissioner Ellingsworth had no comments or inquiries.
13.C.4. Commissioner Randolph had no comments or inquiries.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:12 p.m.
City u~erK
ATTEST:
n r .~gM~c.
The zty Clerk of the City of Delray Beach,
Florida, and the information provided herein is the minutes of
the meeting of said City Commission of June 16, 1998, which
minutes were formally approved and adopted by the City Commission
on ~/_~3 7 ~ /99F
~ City C~erk /
-15- 0 /16/98
NOTE TO READER: 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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