12-01-98 DECEMBER 1, 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,
December 1, 1998.
!? Roll call showed:
Present - Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Father Fiore with
Emmanuel Catholic Church.
2.A. The Pledge of Allegiance to the flag of the United
States of America was given.
3. APPOINTMENT TO THE CITY COMMISSION/SEAT #2: Formally
appoint Patricia Langley Archer to the Delray Beach City Commis-
sion (Seat #2) for an unexpired term ending March 25, 1999.
Mr. Schmidt moved to appoint Patricia Langley Archer to
the Delray Beach City Commission (Seat %2) for the unexpired term
ending March 25, 1999, seconded by Mr. Ellingsworth. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - Yes. Said
motion passed with a 3 to 1 vote.
3.A. Administer Oath of Office to Patricia Langley Archer.
The City Clerk administered the oath of office to
Patricia Langley Archer. Mrs. Archer, having been duly sworn,
took her seat on the dais.
3.B. Roll Call.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
4. Agenda Approval.
Mr. Randolph moved to approve the agenda as submitted,
seconded by Mr. Schmidt. Upon roll call the Commission voted as
follows: Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes: None
6. Proclaz~ations:
6.A. Recognizing and commending Fire Marshal Michael D. Cato
for his achievements and selection as State of Florida Fire
Marshal of the Year (1998)
Mayor Alperin read and presented a proclamation recog-
nizing and commending Fire Marshal Michael D. Cato for his
selection as State of Florida Fire Marshal of the Year (1998)
together with his many accomplishments during his years of
dedicated public service. Chief Cato came forward to accept the
proclamation.
6.B. OF NOTE:
Recognizing and commending Mayor Clarence Anthony of
South Bay, Florida, on his installation as President of the
National League of Cities.
Mayor Alperin presented a proclamation in recognition
of Mayor Anthony's achievements and noted that it will be for-
warded to the upcoming reception for presentation.
7. Presentations:
7.A. Government Finance Officers Association's Certificate
of Achievement for Excellence in Financial Reporting presented to
the City of Delray Beach for its Comprehensive Annual Financial
Report for the Fiscal Year Ended September 30, 1997.
Inasmuch as there was no representation from the
Finance Department, presentation of the award was postponed to
the December 8th regular meeting.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RATIFICATION OF DDA APPOINTMENT TO THE PARKING MANAGE-
MENT ADVISORY BOARD: Ratify the appointment of Frank Wheat as
the Downtown Development Authority's representative to the
Parking Management Advisory Board to fill an unexpired term
ending January 31, 1999.
8.B. FINAL PLAT APPROVAL/WINDSOR COURT: Approve the final
subdivision plat for Windsor Court, a proposed ten (10) lot
townhouse development located at the southwest corner of Gleason
Street and Bay Street.
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8.C. STREET NAME FOR DON FRANCISCO'S WAY: Approve a request
to change the name of Don Francisco's Way to Marry Fladell Drive.
8.D. SPECIAL EVENT APPROVAL/BUD LIGHT BEACH VOLLEYBALL
TOURNAMENT: Approve a request from Exclusive Sports Marketing
for special event approval to allow a Bud Light Beach Volleyball
Tournament to be held on the municipal beach on December 12,
1998.
8.E. SERVICE AUTHORIZATION #9/DAVID MILLER & ASSOCIATES
(POLICE DEPARTMENT EVIDENCE STORAGE BUILDING). Approve Service
Authorization #9 in the amount of $21,500.00 with David Miller &
Associates for consulting services related to the design and
construction administration of a new evidence storage building at
the Police department, with funding from 334-6111-519-62.10
(General Construction Fund - Buildings).
8.F. RESOLUTION NO. 74-98. Approve a resolution assessing
costs for abatement action required to remove nuisances on 10
properties throughout the City.
The caption of Resolution No. 74-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO
CHAPTER 100 OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM-
PANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOM-
PLISH SUCH ABATEMENT AND LEVYING THE COST OF
SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTER-
EST ON ASSESSMENTS; PROVIDING FOR THE RECORD-
ING OF THIS RESOLUTION, AND DECLARING SAID
LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 74-98 is on file
in the City Clerk's office.)
8.G. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development
Boards for the period November 16th through November 25, 1998.
8.H. AWARD OF BIDS AND CONTRACTS:
1. Bid award to multiple vendors via Palm Beach
County Co-op Bid (Delray Beach is lead entity)
for the purchase of chemicals and fertilizer at
an estimated annual cost of $160,415.20, with
funding from Parks and Recreation, Municipal
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Golf Course and Lakeview Golf Course operating
budgets (line item 52.26 Gardening Supplies).
2. Bid award in the amount of $104,960.72 to
National Ambulance Builder, Inc., via City of
Boca Raton bid, for the purchase of a 1998
Navistar International heavy duty fire/rescue
vehicle, with funding from 501-3312-591-64.20
(Garage - Vehicle Replacement).
3. Bid award in the amount of $69,080 to Shortway
Lines of Florida, Inc. for bus rental and driver
service for programs in the Parks and Recreation
Department, with funding from 115-4912-572-55.30
($11,700/Special Projects Football Supplies),
001-4106-572-44.90 ($43,330/Summer Day Camp -
Other Rental/Lease Costs), 001-4105-572-44.90
($7,200/After School Program - Other Rental/Lease
Costs), and 001-4121-572-44.90 ($7,500/Athletics
& Special Events - Other Rental/Lease Costs).
4. Purchase award in the amount of $27,623.00
to Data Flow Systems, Inc., sole source provider,
for the purchase of electrical components used
to construct radio transmitting units (RTUs)
for installation at the golf course wells and
generators to replace the existing hard wire
system, with funding from 441-5122-536-64.90
(Water Treatment & Storage - Other Machinery/
Equipment).
5. Lease agreement with Saturn of Delray Beach for
nine (9) 1999 Saturn SL-ls to replace existing
vehicles used by the Police Department's C.O.P.
(Citizens On Patrol) program at a cost of $199.00
per vehicle per month for 39 months, for a total
annual cost of $21,492.00, plus tags. Funding
will be from 001-2113-521-44.40 (Police Dept.
Support Services).
Mr. Schmidt moved to approve the Consent Agenda as
submitted, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE MODIFICATION REOUEST/STOR-RITE COMPLEX:
Consider a request for conditional use modification approval to
allow an expansion of the automobile paint, body and repair
facilities within the Stor-Rite complex located on the south side
of Dr. Andre's Way (S.W. 2nd Street), approximately 315 feet east
of Congress Avenue, adjacent to the CSX Railroad. The subject
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property is zoned MIC (Mixed Industrial and Commercial) District.
QUASI-JUDICIAL PROCEEDING
The City Attorney stated this item will be conducted as
a quasi-judicial hearing 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.
Diane Dominguez, Director of Planning and Zoning,
entered the project file into the record. She stated this
request concerns an existing warehouse complex located east of
Congress Avenue and south of Atlantic Avenue. The City's Land
Development Regulations were recently amended to require that
automobile repair services be a conditional use rather than a
permitted use in the MIC (Mixed Industrial and Commercial) zone
district. This conditional use modification does not designate
the individual bays in which the auto repair uses will be located
as the landlord wishes to have flexibility with regard to tenant
locations based upon occupancy and tenant demands. The proposal
is to allow a maximum floor area of 18,077 sq.fto devoted to auto
use. The request is being made in this manner so that future
conditional use modifications will not have to be made if tenants
are relocated within the center. The Planning and Zoning Board
considered this item at a public hearing on November 16, 1998,
and voted unanimously to recommend approval of the conditional
use request based upon positive findings with respect to Chapter
3 (Performance Standards) and Section 2.4.5(E) (5) (Required
Findings) of the Land Development Regulations and the policies of
the Comprehensive Plan, subject to the following conditions:
(1) Total auto repair, paint and body functions
(existing and new) may not exceed 15,000 square feet;
(2) The establishment of new auto repair, paint and
body uses is restricted as illustrated on Exhibit "B";
(3) Existing auto repair, paint and body shops not
located in approved bays may continue to operate, however, if an
existing business vacates a non-approved bay, auto repair may not
be re-established in that same location;
(4) Provide a monitoring well or documentation from
DERM that a well is not required;
(5) Outside storage of materials is prohibited;
(6) A traffic statement must be submitted and ap-
proved; and
(7) Landscaping as depicted on the approved plan must
be reinstated.
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Roqer Saberson, attorney reDresentinq the applicant,
stated for the record that his client agrees with the Planning
and Zoning Board's recommendation.
Mayor Alperin declared the public hearing open. There
being no one else who, having been duly sworn, wished to address
the Commission, the public hearing was closed.
Mr. Ellingsworth moved to approve the conditional use
modification request for Stor-Rite (automobile paint, body and
repair shops), subject to the findings and conditions as recom-
mended by the Planning and Zoning Board. The motion was seconded
by Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs.
Archer - Yes; Mr. Ellingsworth - Yes. Said motion passed with a
5 to 0 vote.
9.B. TENNIS CENTER CONSULTING AGREEMENT/JCD SPORTS GROUP,
INC.: Consider approval of a consulting agreement with JCD
Sports Group, Inc. for the purpose of attracting special events
to the tennis stadium, event management, and development of
additional revenue sources for the tennis center, in the amount
of $12,000 with funding from 113-4210-575-31.90 (Tennis Center
Special Events).
Mr. Schmidt moved to approve the consulting agreement
with JCD Sports Group, Inc. for the Delray Beach Tennis Center,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
9.C. EDUCATION BOARD RECOMMENDATIONS ON T~E SCHOOL BOARD'S
FIVE YEAR WORK PLAN AND CAPITAL BUDGET: Consider approval of the
Education Board's recommendations and statements regarding the
effects of the Five Year Work Plan and 1999 Capital Budget on
Delray Beach, and authorize forwarding them to the School Board.
Mayor Alperin commented that he sat in on a number of
the Education Board's meetings where these issues were discussed.
He felt the staff report provides a good analysis of what the
problems are and the need for Delray Beach to stand up for itself
at the outset in order to be treated fairly.
Mr. Schmidt moved to approve the Education Board's
recommendations and statements regarding the effects of the
5-Year Work Program and 1999 Capital Budget on Delray Beach, and
forward those recommendations to the School Board. The motion
was seconded by Mrs. Archer. Upon roll call the Commission voted
as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
6 12/01/98
9.D. RESOLUTION NO. 75-98: Consider approval of a resolu-
tion opposing any override of the Governor's veto of House Bill
3075 relating to Police and Fire pensions.
The caption of Resolution No. 75-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, OPPOSING ANY
OVERRIDE OF THE GOVERNOR'S VETO OF HOUSE BILL
3075 RELATING TO POLICE AND FIRE PENSIONS;
REQUESTING THE OPPORTUNITY TO DEVELOP A NEW,
COMPROMISE BILL DURING THE 1999 LEGISLATIVE
SESSION; DIRECTING THE CITY CLERK TO PROVIDE
COPIES OF THIS RESOLUTION TO APPROPRIATE
OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE.
(The official copy of Resolution No. 75-98 is on file
in the City Clerk's office.)
Mr. Schmidt moved to approve Resolution No. 75-98,
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mrs. Archer Yes; Mr. Ellingsworth Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion
passed with a 5 to 0 vote.
The City Manager reemphasized the importance of the
Mayor and City Commissioners making personal contact with the
members of the legislative delegation about this issue. There
are problems with House Bill 3075; that is the reason the Gover-
nor vetoed it. If some of the conflicting language were clari-
fied, it might become more acceptable. Ideally, the City would
like to see credit given for those benefits we have now that
exceed the new minimums rather than having to keep those in place
plus come up to minimums in other areas which over the years in
our negotiations with our union have not been so important to
them. He reiterated that this is an important statewide issue
and the Commission's personal contact is very valuable.
9.E. SETTLEMENT/ALBAUGH V. CITY OF DELRAY BEACH: Consider
settlement of the referenced matter as recommended by the City
Attorney.
The City Attorney stated that the plaintiff, through
his attorney, has offered to settle the case for $28,000 which
includes all attorney's fees and costs. If accepted by the
Commission, the City Attorney's office will obtain a complete
release from the plaintiff for all claims. Ms. Ruby recommended
acceptance of the settlement offer.
Mr. Randolph commented that there have been quite a few
of these sidewalk suits recently and it really brings home the
need to be responsive to sidewalk maintenance. He felt the City
ought to have some kind of reporting system and be very, very
responsive to areas requiring maintenance. By so doing, perhaps
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some of the lawsuits that are brought against the City could be
eliminated.
Mr. Randolph moved to approve the settlement of Albaugh
v. City of Delray Beach as recommended by the City Attorney. The
motion was seconded by Mr. Schmidt. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes.
Said motion passed with a 5 to 0 vote.
9.F. CITY COMMISSION LIAISON TO PARKING MANAGEMENT ADVISORY
BOARD: Consider appointment of a replacement City Commission
liaison to the Parking Management Advisory Board.
Mayor Alperin asked if anyone on the City Commission
was interested in replacing Mr. Egan as liaison to the Parking
Management Advisory Board? He noted that the majority of Commis-
sion liaison assignments were done away with at the last organ-
izational meeting.
Mr. Ellingsworth commented that Mr. Egan had specifi-
cally asked to continue on as liaison to the parking board since
he had been involved with the Parking Management Team before it
became a formal advisory body. Since any member of the Commis-
sion can attend any board or committee meeting that they might be
interested in, he did not feel it was necessary to appoint a
formal replacement for Mr. Egan.
Mrs. Archer then stated that she would be willing to
continue in the capacity of City Commission liaison to the
Parking Management Advisory Board.
Mr. Ellingsworth so moved, seconded by Mr. Schmidt.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes;
Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:25 p.m., the Commission
moved to Item 12, First Readings, on the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 49-98: An ordinance annexing Lot 61,
Second Addition to Country Club Acres, located on the north side
of Jefferson Road approximately 100 feet east of Military Trail
and 600 feet south of Atlantic Avenue; providing for a small
scale Future Land Use Map amendment from County MR-5 (Medium
Density Residential 5 dwelling units/acre) to City General
Commercial; and establishing initial zoning of GC (General
Commercial) District for Boca Delray Animal Hospital. If passed,
a quasi-judicial public hearing will be scheduled for January 5,
1999.
The City Manager presented Ordinance No. 49-98:
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, LOT 61, SECOND
ADDITION TO COUNTRY CLUB ACRES, ACCORDING TO
THE PLAT THEREOF, LOCATED ON THE NORTH SIDE
OF JEFFERSON ROAD, APPROXIMATELY 100 FEET
EAST OF MILITARY TRAIL AND 600 FEET SOUTH OF
ATLANTIC AVENUE, AS MORE PARTICULARLY DE-
SCRIBED 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 GC (GENERAL COMMERCIAL) 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 AMEND-
MENTS; PROVIDING FOR THE ZONING THEREOF TO GC
(GENERAL COMMERCIAL) DISTRICT; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 49-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Schmidt moved to approve Ordinance No. 49-98 on
FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt -
Yes; Mrs. Archer - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 50-98: An ordinance amending LDR Section
4.6.16, "Landscape Regulations", regarding the types of plant
materials that can be located within utility easements. If
passed, a public hearing will be scheduled for January 5, 1999.
The City Manager presented Ordinance No. 50-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.16, "LANDSCAPE REGULATIONS",
SUBSECTION 4.6.16(A), "PURPOSE", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR PROPER TREE SELECTION
ADJACENT TO OR WITHIN UTILITY EASEMENTS;
AMENDING SUBSECTION 4.6.16(D) , "SITE DESIGN
REQUIREMENTS" , BY ENACTING SUBPARAGRAPH
4 . 6 . 16 (D) (4) , "TREE SELECTION ADJACENT TO OR
WITHIN UTILITY EASEMENTS", TO PROVIDE FOR
RESTRICTIONS ON TREES PLANTED ADJACENT TO OR
WITHIN UTILITY EASEMENTS; PROVIDING A GENERAL
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REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 50-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Mr. Ellingsworth moved to approve Ordinance No. 50-98
on FIRST Reading, seconded by Mrs. Archer. Upon roll call the
Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes. Said motion passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 51-98: An ordinance amending Chapter 39,
"Returned Check Service Charge", of the City Code by making
changes to the City's returned check policies. If passed, a
public hearing will be scheduled for January 5, 1999.
The City Manager presented Ordinance No. 51-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 39, "RETURNED CHECK SERVICE CHARGE",
OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 39.01,
"SERVICE CHARGE FOR RETURNED CHECKS", TO SET
THE FEE FOR RETURNED CHECKS AT TWENTY DOLLARS
OR FIVE PERCENT OF THE FACE VALUE OF THE
CHECK, WHICHEVER IS GREATER, AND TO PROVIDE
FOR DISCRETIONARY LANGUAGE ALLOWING FOR
EXTENUATING CIRCUMSTANCES TO BE CONSIDERED
REGARDING RETURNED CHECKS; REPEALING CHAPTER
50, "UTILITIES GENERALLY; PUBLIC SERVICE
TAX", SECTION 50.02, "SERVICE CHARGE FOR
RETURNED CHECKS ON UTILITY BILL FOR WATER AND
SEWER SERVICE", AND CHAPTER 51, "GARBAGE AND
TRASH", SECTION 51.76, "COLLECTION CHARGE FOR
RETURNED CHECKS", AS BEING UNNECESSARILY
DUPLICATIVE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 51-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
She stated the proposed ordinance comports with state statute and
provides for some discretion when, for example, it is not the
fault of the customer that a check is returned.
Mrs. Archer moved to approve Ordinance No. 51-98 on
FIRST Reading, seconded by Mr. Ellingsworth. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Ellingsworth
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- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:30 p.m., the Commission
moved to Item 11, Comments and Inquiries on Non-Agenda Items from
the Public, on the agenda.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately followinq Public Hearinqs:
ll.A. City Manaqer's response to prior public comments and
inquiries.
There were no responses to prior public comments.
ll.B. From the Public.
11.B.1. Charles Powe11, 1920 Spanish Trail, stated that he is
the plaintiff in a lawsuit with the City. He recently received
an affidavit from the City Attorney's office with respect to the
issue of paving of an alley near his property that had been
settled by the Appellate Court. He expressed the concern that
the affidavit, which grants to him a permanent waiver of paving
the alley, was signed by the City Manager. In his opinion, the
City Manager does not have the authority to grant infrastructure
waivers of city streets. He asked the City Commission to either
take an affirmative action in granting the provisions of the
affidavit or else deny his request.
In response, the City Attorney stated the City is in
litigation with Mr. Powell and the waiver is a result of an
Appellate Court ruling about the applicability of the City's land
development regulations as read by the Appellate Court. The
waiver is a result of a Court decision and is not something that
was decided by staff. The Court required it.
In rebuttal, Mr. Powell stated the appellate decision
relates to the fact that City employees do not have the right to
interpret or modify the local city laws enacted by the City
Commission. He further stated the lawsuit has always been about
that certain city employees, including the City Manager, required
him to pave a street without a public assessment. He objected,
and that has been the basis of the suit. Mr. Powell concluded by
stating that the Appellate Court's order indicates that employees
do not have this right, only the City Commission has that right.
11.B.2. Jim Mitchell, 919 Hyacinth Drive in Tropic Isle,
questioned the selection process used for the appointment of Mrs.
Archer to the vacant City Commission seat. He stated it was his
understanding that at the November 17th City Commission meeting,
the statement was made that each of the applicants had been
evaluated and Mrs. Archer was chosen out of eight applicants.
Mr. Mitchell asked if the evaluations were made at a public
meeting or a private one since there was no discussion at the
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November 17th meeting. He asked if the Mayor and City Commis-
sioners had come to a conclusion without a meeting? Mr. Mitchell
further asked if this evaluation or selection was made in accor-
dance with the Sunshine Law?
Mayor Alperin asked if any member of the City Commis-
sion had spoken to any other member about the appointment outside
of the regular meeting on November 17, 19987 The Mayor and City
Commissioners unanimously indicated there was no outside discus-
sion or meetings concerning the appointment apart from the
November 17th public meeting.
Mrs. Archer stated she had previously spoken with
members of the City Commission several weeks prior to Mr. Egan's
resignation about her intent to seek office in the March, 1999,
municipal election when Mr. Ellingsworth's seat would become
vacant. At that time she was not aware that Mr. Egan would be
resigning from the City Commission.
ll.B.3. Josh Smith, Jr., 3616 Avenue de Gien, also expressed
concern about what he referred to as the "slick" manner in which
the appointment to the vacant City Commission seat was handled.
Mr. Smith stated that combined with recent allegations of racial
bias, many minorities feel that at least one or more individuals
are not capable of aligning themselves with anything that is just
and right for black citizens. He stated that decent, fair-minded
citizens, both black and white, can see this and know that it is
not right; it is wrong. Mr. Smith asked the Commission to do
some deep soul searching, eliminate self-perceptions, and start
seriously considering the perceptions of others.
13. Comments and Inquiries on Non-Agenda Items:
13.A. City Attorney.
The City Attorney had no comments or inquiries.
13.B. City Manager.
The City Manager had no comments or inquiries.
13.C. City Commission.
13.C.1. Commissioner Schmidt stated he had received a telephone
call from someone who lives up on North Federal Highway about the
landscaping that has been put in on U.S. Highway #1, complaining
about the quality of it. While he did not see the newspaper
article, supposedly there was a comment in the article by Nancy
Davila to the effect that we just have to be satisfied with what
was put in. Mr. Schmidt commented that if substandard landscap-
ing was installed, he felt this should be pursued with the
Florida Department of Transportation.
12/01/98
In response, the City Manager stated he did not remem-
ber exactly what the quote was, but staff has not been happy with
the landscaping. A very unsatisfactory landscape subcontractor
was used on the job. He recalled Ms. Davila talking particularly
about the palm trees which were supposed to be a certain grade
and they were not that grade, but it was staff's conclusion that
it would be better to let them stay there and grow out so they
would reach that grade rather than changing them out which is
what Boynton Beach chose to do. The City Manager further noted
that the irrigation system is being replaced. The City would not
accept the work because the soil was not treated properly to keep
the grass and weeds out, so they are continuing to maintain it
for a year before the City will consider taking it over for
maintenance. It will not be accepted for maintenance until it
meets City standards.
13.C.2. Commissioner Archer had no comments or inquiries.
13.C.3. Commissioner Ellinqsworth had no comments or inquiries.
13.C.4. Commissioner Randolph had no comments or inquiries.
13.C.5. Mayor Alperin welcomed Mrs. Archer to the City Commis-
sion.
At this point, the time being 6:45 p.m., Mayor Alperin
declared a recess until 7:00 p.m. for the Public Hearings portion
of the agenda.
The time being 7:00 p.m., Mayor Alperin reconvened the
meeting for the duly advertised Public Hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 47-98: An ordinance amending LDR Section
4.6.9. (E), "Location of Parking Spaces", and Section 4.4.13(G),
"Supplemental District Regulations" in the CBD, regarding in-lieu
of parking regulations. 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. 47-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.6.9, "OFF-STREET PARKING REGULA-
TIONS'', SUBSECTION 4.6.9(E), "LOCATION OF
PARKING SPACES" OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR REVISED IN LIEU OF PARKING
REGULATIONS; AMENDING SECTION 4.4.13, "CEN-
TRAL BUSINESS (CBD) DISTRICT", SUBSECTION
4.4.13(G), "SUPPLEMENTAL DISTRICT REGULA-
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TIONS", TO EXCLUDE RESTAURANTS FROM THE
REDUCED PARKING REQUIREMENT IN THAT CERTAIN
AREA OF THE CBD MORE PARTICULARLY DESCRIBED
HEREIN; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 47-98 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.
Bill Branninq, President of Pineapple Grove Main Street
and business owner at 9 N.E. 2nd Street, spoke in opposition to
the proposed ordinance. The Pineapple Grove Main Street Board
feels that the change in the parking requirement for restaurant
use will have the effect of imposing a moratorium on restaurants
in Pineapple Grove. Much of the area is built out and in many
cases additional parking is just not available. Many of the
restauranteurs and entrepreneurs interested in coming into the
area to help it move forward are not large operations and cannot
afford thousands of dollars in in-lieu fees. Mr. Branning
continued that the Pineapple Grove neighborhood plan which was
adopted by the City Commission calls for Pineapple Grove Way
(N.E. 2nd Avenue) to have its parking requirements changed so
that it would be the same as for Atlantic Avenue, where the
strategy was to allow reduced parking in order to encourage the
redevelopment which has occurred. The PGMS Board want the same
opportunity for Pineapple Grove Way and feels that the imposition
of further parking restrictions will be a roadblock to this
effort. Mr. Branning also expressed concern about the proposed
increase in the amount of the in lieu fee from $6,000 to $12,000,
contending that it is too high for Pineapple Grove and will
further hinder redevelopment. While the PGMS Board recognizes
there are parking problems in the City, it does not feel it is
fair to have an across the board fee for all areas. In conclu-
sion, Mr. Branning asked that the City Commission consider either
excluding the Pineapple Grove area from the effect of the ordi-
nance or postponing any vote on the ordinance altogether to allow
more time for the proposal to be reviewed by all of the interest-
ed parties.
Michael Welner, 102 North Swinton Avenue, on behalf of
the Richwaqens who own Power's Lounqe, stated he does not feel
there is so much a parking problem in the downtown area as there
is a perception problem. People may not be used to walking more
than a city block to get where they want to go in the downtown,
but it is something that is done regularly at places such as the
Town Center Mall. He cautioned against ruining what can become a
great City-scape in an attempt to overly accommodate parking and
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the car. It was when the City got rid of that thinking on
Atlantic Avenue that the downtown really started to turn around.
If the parking requirements become too stringent and too expen-
sive, it is going to constrict further redevelopment in and as an
offshoot of the downtown area. Mr. Weiner felt that the public
will get used to walking and it will not be necessary to turn the
downtown area into one huge parking area. Hence, he concurred
with Mr. Branning that the issue be postponed for further scruti-
ny to see what it's real impact will be on the City's successful
redevelopment strategy to-date.
Chris Brown, CRA Executive Director, stated that he,
too, feels additional study is needed. The two issues which
especially need to be looked at further are (1) the change in the
parking for restaurants as it relates to both the Pineapple Grove
area and new restaurants coming in as well as the potential
impact on expansion plans for existing restaurants, and (2) a
serious review of what is counted as restaurant space in terms of
square footage.
Fran Marancola, 36 South Ocean Boulevard, expressed his
opposition to an ordinance that would impose a fee of $12,000 per
in lieu parking space and then increase the amount of parking
spaces that would have to be provided for restaurants. He felt
this made no sense if the idea is to encourage new businesses and
redevelopment. He suggested that a better way to approach the
parking problem would be for the Commission to focus on pursuing
a parking garage because that is really what is needed to fix the
problem.
Matt Gracey, DroDerty owner at 501-507 East Atlantic
Avenue, expressed his opposition to the proposed ordinance. He
stated it has taken too long to get Atlantic Avenue turned around
to now take away one of the strongest economic incentives used to
get there. He sympathized with the problem, but did not feel
that any real solution has yet to be proposed. The proposed
ordinance may be the easiest thing, but in his opinion it is not
a good solution. Mr. Gracey urged that the matter be postponed~
and the issue studied further.
Gary ElioDoulos, 14 N.E. 4th Avenue, and a member of
the Planninq and Zoninq Board, stated that as an architect he is
in favor of the use of in-lieu of parking fees; however, in this
instance he is not sure if the proposed ordinance is the right
way to go about it. He expressed concern as to the impact on
redevelopment efforts in Pineapple Grove as well as West Atlantic
Avenue. Mr. Eliopoulos urged that the ordinance be looked at
further for possible adjustments on the basis of location and
redevelopment incentives, noting that every area of the City
cannot be treated the same; there needs to be some flexibility.
There being no one else who wished to address the City
Commission, the public hearing was closed.
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Discussion by the Commission followed.
Mr. Randolph expressed concern about the increased fee
and its potential impact on redevelopment along West Atlantic
Avenue and Pineapple Grove where businesses will probably be
smaller and there is just not that much extra space for parking.
He felt the ordinance should be remanded for further study, along
with a better look at what will really be involved with bringing
about a public parking facility such as a garage.
Mr. Ellingsworth commented that some very good points
had been made this evening and he felt some further study should
probably be undertaken. However, he felt the proposed ordinance
should be in place during the time it takes for these discus-
sions. Mr. Ellingsworth moved to approve Ordinance No. 47-98 on
Second and FINAL Reading.
Mayor Alperin stated that he felt a moratorium should
have been imposed a long time ago on the use of the in lieu of
fees until a determination was made on the best way to proceed.
He also felt there is still confusion over what an in lieu of fee
means. If you don't have an in lieu fee, then you have to
provide the parking. The in lieu fee is a way of allowing
development that would not occur otherwise. So just the exis-
tence of an in lieu of fee is an advantage this City provides
over other communities. In his mind, you don't use an in lieu of
fee unless the intent is to use that money to provide the parking
that the money is replacing. The fee that is charged has to be
appropriate to replace the parking someplace else in that area.
Mayor Alperin continued that he agreed with Commission-
er Randolph that the fee should be different for different areas.
This is the one major disagreement that he had with the proposed
ordinance, but he was willing to go along with it so that there
would be something in effect. He felt that not only should land
values be considered, but also the need to create an economic
stimulus in a particular area. He commented that if the Commis-
sion is willing to give direction to staff as well as the Parking
Management Advisory Board that consideration should be given to
these issues, he would support sending the ordinance back for
further review.
Mr. Schmidt commented that he had discussed a similar
idea with the City Attorney and she had a concern that if we
create districts with different in lieu of parking fees, that the
money that is raised from the fees would only be able to be used
in those areas, and we may not raise enough money in an area from
in lieu of fees to deal with the parking that is needed there.
He was not concerned that the Commission might need to deal with
this at some point, to possibly take some money from somewhere
else to subsidize the fees that have been raised in another area,
but he did have a concern about stifling redevelopment in the
areas that most need it. He felt the $12,000 per space fee would
do just that in certain areas. He would not be opposed to
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sending the ordinance back with direction, provided the City
Attorney felt it might be possible to write something that would
allow money collected in one area to ultimately be spent in
another area.
The City Attorney felt this could probably be done.
Mrs. Archer commented that she is in favor of having
the in lieu of fee; however, the $12,000 figure may be too high.
She would support the concept of districts with appropriate
flexibility. She further noted that while restaurants are
usually one of the first methods of redevelopment and growth in
an area, they are also the first business to fold in an economic
downturn. Along this line, she felt it would be prudent to
curtail the huge expansion of restaurants on Atlantic Avenue in
favor of developing some other retail growth that would provide
more long term support for the City should a downturn happen.
Mr. Ellingsworth commented that if the Commission
decided to send the ordinance back for review, he would ask that
a moratorium be put in place until the review is complete or that
the review be considerably expedited.
Mrs. Archer recommended that the phasing of the payment
schedule for in lieu of fees that are not paid totally up front
also be looked at since the proposed schedule could prove ex-
tremely burdensome to someone just starting up a business.
Mr. Schmidt then commented that he felt the issue of a
parking garage is completely separate from the in lieu of parking
fee ordinance. The money to pay for a parking garage is not
going to come from in lieu fees. If the Commission decides that
a garage is the way to go, then there needs to be some serious
consideration given to how it is going to be financed.
Upon further discussion, it was the consensus of the
City Commission to remand Ordinance No. 47-98 to the Parking
Management Advisory Board for further study and refinement, with
direction that the matter be workshopped by the City Commission
on January 12, 1999.
The motion on the floor died for lack of a second.
Mr. Schmidt moved to continue the public hearing on
Ordinance No. 47-98 to the date certain of January 19, 1999, at
7:00 p.m. in the City Commission Chambers. The motion was
seconded by Mrs. Archer. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion
passed with a 5 to 0 vote.
Prior to adjournment, Mayor Alperin asked if there were
any additional comments from the public on non-agendaed items?
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Robert Victorin, President of Ocean Place Condominium
Association, 120 South Ocean Boulevard, stated that the 29 unit
owners of Ocean Place Condominium live right on the northern
boundary of Sandoway Park. It was brought to their attention
that the Sandoway House Nature Center had requested and received
approval to use Sandoway Park for an evening event on December
23, 1998, and to keep the park open beyond the normal closing
hour until 9:00 p.m. While not opposed to the Sandoway House
Nature Center, Mr. Victorin stated that the Ocean Place condomin-
ium owners have consistently opposed any move toward night-time
parking in Sandoway Park on the grounds that it would entail
noise, lights, after-hours congregating and security risks
detrimental to the personal and property values of the residents.
If the park is to be utilized as parking space for the December
23rd reception at the Sandoway House, the residents of Ocean
Place Condominium hope and trust this will be considered a
specific, one-time only, seasonal exception from the hours of
7:00-9:00 p.m., and that it will not be considered a precedent
for future or broader night-time parking at Sandoway Park.
Frank J. Devine, 2200 South Ocean Boulevard and Execu-
tive Director of the Beach Property Owners' Association, stated
that this year has welcomed a remarkable and positive achievement
in the official inauguration of Sandoway House. The Beach
Property Owners' Association congratulates its founders on their
initial success and wish them well for the future, and likewise
congratulates Sandoway House on its first-ever holiday reception
to be held on December 23rd. Mr. Devine continued that the BPOA,
however, has strongly opposed night-time parking at any of
Sandoway, Ingraham or Anchor Parks. While the Association can
recognize the specific nature and justification for this particu-
lar holiday exception, they would not want to see it generalized
as a precedent for change in the overall question of beach-front
parking. For that reason, the BPOA wished to endorse for the
record the remarks just offered by Mr. Victorin.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:50 p.m.
~ity C14rk - '
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 December 1, 1998, which
minutes were formally approved and adopted by the City Commission
-18- 12/01/98
City- C]~rk z
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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