03-18-97 MARCH 18, 1997
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., Tuesday,
March 18, 1997.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner Karen Kiselewski
Commissioner David Randolph
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 Nancy Norman, Unity
Church of Delray Beach.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Agenda Approval.
Mayor Alperin noted the addition of Item 7.C., Tennis
Center progress report from Brahm Dubin, and Item 9.M.,
Resolution No. 27-97 by addendum. Also, Mayor Alperin stated
that Item 9.A., Conditional Use Request/Communication Tower at
Plumosa Elementary School, of the Regular Agenda has been with-
drawn by the applicant (a copy of the applicant's letter is
attached hereto and incorporated herein as an official part of
the minutes).
Mr. Randolph moved to approve the agenda as amended,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Ellingsworth moved to approve the Minutes of March
4, 1997, and the Minutes of the Special Meeting of March 12,
1997, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said
motion passed with a 5 to 0 vote.
6. Proclamations:
6.A. National Records and Information Manaqement Week -
March 30 throuqh April 5, 1997
Mayor A1perin presented a proclamation proclaiming
March 30, 1997 through April 5, 1997 as National Records and
Information Management Week.
6.B. National Buildinq Safety Week - April 6-12, 1997
Mayor A1perin read and presented a proclamation pro-
claiming April 6-12, 1997 as National Building Safety Week.
Jerry Sanzone, Building & Insp./CBO, came forward to accept the
proclamation.
7. Presentations=
7.A. RESOLUTION NO. 19-97= A Resolution recognizing and
commending Commissioner Karen Kiselewski for her dedicated
service to the City of Delray Beach.
The caption of Resolution No. 19-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING KAREN A. KISELEWSKI FOR HAVING
SERVED WITH DISTINCTION AND DEDICATION AS AN
OFFICIAL OF THE CITY OF DELRAY BEACH SINCE
1992.
(Copy of Resolution No. 19-97 is on file in the offi-
cial Resolution Book)
Mayor A1perin read and presented Resolution No. 19-97
recognizing and commending Karen A. Kiselewski for having served
with distinction and dedication as an official of the City of
Delra¥ Beach since 1992.
Mr. Ellingsworth moved to approve Resolution No. 19-97,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
A1perin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
7.B. David Schmidt - 20th Anniversary of Sister City rela-
tionship with Miyazu, Japan.
David Schmidt, presented Commission with possible
renderings of art work to be given to the delegates from Miyazu,
Japan during their visit in May, in celebration of the 20th
Anniversary of our Sister City relationship. He also presented
them with a schedule of events pertaining to their visit.
7.C. Tennis Center progress reDort from Brahm Dubin
2 03/18/97
Paul Felsberg, General Manager of the Tennis Center,
gave a review of the various activities occurring at the tennis
center.
Brahm Dubin, General Manager of BJCE, Inc., asked the
Commission for conceptual approval of a three year commitment for
$100,000 per year for a five day men's tournament.
It was the consensus of the Commission to approve the
concept of a three year commitment for $100,000 per year for the
tournament. After the details are defined, he will bring the
agreement to the Commission.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. FINAL PLAT APPROVAL/WATER'S EDGE AT DELRAY BEACH:
Approve the final boundary plat for Water's Edge at Delray Beach,
a proposed 148 unit rental apartment complex to be located south
of Lake Ida Road, between Davis Road and Congress Avenue.
8.B. FUNDING SUBSIDY/DELRAY BEACH RENAISSANCE PROGRAM:
Approve and authorize issuance of a funding subsidy totaling
$9,581.35 for an eligible applicant under the Delray Beach
Renaissance Program ($6,650.00 from HOME account
#118-1923-554-83.01 through budget transfer from
118-0000-331-04.00, and $2,931.35 from SHIP Account No.
118-1924-554-83.01).
8.C. PUBLIC AGENCY AGREEMENT/MUNICIPALITY BASED COMMUNITY
SERVICE PROGRAM: Approve a Public Agency Agreement between the
15th Judicial Circuit and the City concerning the Municipality
Based Community Service Program.
8.D. GRANT APPLICATIONS TO THE STATE OFFICE OF EMERGENCY
MEDICAL SERVICES: Authorize staff to submit three grant applica-
tions to the State Office of Emergency Medical Services for
funding support to purchase medical equipment and accessories for
use by the Fire Department. These are 75/25 matching grants,
with the City's share to be funded from FY 1997/98 budget
(001-2315- 526-64.90 and 001-2316-525-52.20).
8.E. ACKNOWLEDGMENT AND CONSENT FORM FOR MUNICIPAL LEAGUE
CANDIDACY: Authorize the City Manager's name to be placed in
nomination for the Palm Beach County Municipal League Board of
Directors or for an officer's position in the Municipal League
for Fiscal Year 1997/98.
8.F. RESOLUTION NO. 26-97/INTERSTATE-95 SOUND BARRIER WALL
BEAUTIFICATION GRANT AND MAINTENANCE AGREEMENT: Approve a
resolution authorizing the Mayor to enter into a Highway Beauti-
fication Grant and Maintenance Memorandum of Agreement with the
State of Florida Department of Transportation for landscape
improvements to the 1-95 sound barrier wall.
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The caption of Resolution No. 26-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE MAYOR TO ENTER INTO A HIGHWAY
BEAUTIFICATION GRANT AND MAINTENANCE
MEMORANDUM OF AGREEMENT WITH THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE
1-95 SOUND BARRIER WALL.
(Copy of Resolution No. 26-97 is on file in the offi-
cial Resolution Book)
8.G. RESOLUTION NO. 23-97/GRANT APPLICATION TO FLORIDA
INLAND NAVIGATION DISTRICT: Approve a resolution authorizing a
grant application to the Florida Inland Navigation District
(F.I.N.D.) for funding in the amount of $77,261 or 50% of the
total cost of $154,522, to replace the boat launching facilities
and public rest rooms at Knowles Park.
8.H. RESOLUTION NO. 20-97/ABANDONMENT OF EASEMENTS AT PLAZA
AT DELRAY: Approve a resolution vacating and abandoning certain
easements within the Plaza At Delray shopping center in connec-
tion with the renovation at the mall, subject to conditions and
based on positive findings.
The caption of Resolution No. 20-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING CERTAIN UTILITY EASEMENTS AS SHOWN
ON A REPLAT OF DELRAY MALL, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 58 AT PAGE
133 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DE-
SCRIBED HEREIN, SUBJECT TO INSTALLATION AND
ACCEPTANCE OF REPLACEMENT FACILITIES AND
EASEMENTS.
(Copy of Resolution No. 20-97 is on file in the offi-
cial Resolution Book)
8.I. RESOLUTION NO. 21-97: Adopt a resolution abandoning a
portion of additional right-of-way for Dixie Highway located
within the Aiden subdivision, on the east side of Dixie Highway
south of Linton Boulevard.
The caption of Resolution No. 21-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF ADDITIONAL RIGHT-OF-
WAY FOR DIXIE HIGHWAY AS DEDICATED BY THE
PLAT OF AIDEN, RECORDED IN PLAT BOOK 29 AT
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PAGES 211 AND 212 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, AS MORE PARTICU-
LARLY DESCRIBED HEREIN, SUBJECT TO ACCEPTANCE
OF AN EASEMENT DEED FOR PUBLIC UTILITIES.
(Copy of Resolution No. 21-97 is on file in the offi-
cial Resolution Book)
8.J. RESOLUTION NO. 22-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 41
properties throughout the City.
The caption of Resolution No. 22-97 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.
(Copy of Resolution No. 22-97 is on file in the offi-
cial Resolution Book)
8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Site Plan Review and
Appearance Board and the Historic Preservation Board during the
period March 3 through March 14, 1997.
8.L. AWARD OF BIDS AND CONTRACTS:
1. Purchase award via State contract to Gateway 2000
for 6 personal computers for the Police Depart-
ment, at a total cost of $23,238 from
334-6112-519-64.11.
2. Contract renewal via the City of Boynton Beach
co-op bid to Chemical Lime Company for the pur-
chase of bulk quicklime, at an estimated annual
cost of $259,416 from 441-5122-536-52.21.
3. Bid awards through the Community Development Block
Grant Program; $15,708 to Intercontinental Con-
struction Corp. for a housing rehabilitation
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project at 406 S.E. 5th Street; and $16,889.25 to
Alpha South Construction for 808 S.E. 10th Avenue,
from 118-1963-554-49.19.
4. Bid award to Walcott and Sons for lot clearing and
mowing through the Code Enforcement nuisance
abatement projects, at an estimated annual cost of
$16,500 from 001-2741-524- 34.30.
5. Bid award to Louis Bourg for Silver Terrace
roadway and utility improvements, in the amount of
$577,177.32 from 334-3162-541-61.20,
334-3162-541-61.17, 441-5161-536-63.47 through
budget transfer from 441-5161-536-63.90, and a
Federal Grant Fund in the amount of $200,000.
Mr. Ellingsworth moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski
- Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. CONDITIONAL USE REQUEST/COMMUNICATION TOWER AT PLUMOSA
ELEMENTARY SCHOOL: Consider a request for conditional use
approval to allow the installation of a communication tower at
Plumosa Elementary School. The subject property is located at
the southeast corner of N.E. 19th Street and N.E. 2nd Avenue
(Seacrest Boulevard), and is zoned CF (Community Facilities)
District. (CONTINUATION OF QUASI-JUDICIAL PROCEEDING)
This conditional use request has been withdrawn by the
applicant.
9.B. VAN POOL PROGRAM: Consider approval of an interlocal
agreement between Palm Beach County and the City for the provi-
sion of one minibus, and a lease agreement between the City and
Boca Raton Resort and Club relative to the establishment of a van
pool program to provide transportation to and from the resort for
City residents employed by the resort.
Mr. Egan moved to approve the interlocal agreement
between the City and Palm Beach County for the van pool program,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Egan moved to approve the lease agreement between
the City and the Boca Raton Resort and Club to provide transpor-
tation to and from the resort for City residents employed by the
resort, seconded by Mr. Ellingsworth. Upon roll call the Commis-
sion voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr.
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Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.C. TEMPORARY USE PERMIT/NORTH HALF OF ATLANTIC DUNES
PARKING LOT: Consider a request from Florida AIDS Ride to use
the north half of the Atlantic Dunes parking lot on May 18, 1997,
as a rest area for bicycle rider participants.
Mr. Egan moved to approve the temporary use permit for
the north half of the Atlantic Dunes parking lot as a rest stop
for bicyclists on Sunday, May 18, 1997, seconded by Ms. Kiselews-
ki. Upon roll call the Commission voted as follows: Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin -
Yes; Ms. Kiselewski - Yes. Said motion passed with a 5 to 0
vote.
9.D. SPECIAL EVENT REQUEST/PAINT THE GROVE FLORIBBEAN:
Consider a request from Pineapple Grove Main Street, Inc. for
special event approval for "Paint the Grove Floribbean" to be
held on April 19, 1997, including temporary street closure
permit, staff support and consideration of overtime waiver.
Tom Fleming, Program Manager for Pineapple Grove,
explained that the event is being organized somewhat similar to
the City's "Paint Up Delray" event. However, in addition to the
painting, a "block party" mini-festival is being organized to
complement the work and add some light entertainment and
food/beverage vending in furtherance of an ongoing promotional
effort for the Pineapple Grove Main Street focus district.
Mr. Ellingsworth moved to approve the request from the
Pineapple Grove Main Street, Inc. for special event approval for
"Paint the Grove Floribbean" to be held on April 19, 1997, from
7:00 a.m. until 4:00 p.m., including temporary street closure
permit, staff support; and to waive overtime costs, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Ms. Kiselewski - Yes. Mr. Egan - Yes. Said motion passed with a
5 to 0 vote.
9.E. FUNDING REQUEST/ATLANTIC HIGH SCHOOL SPEECH & DEBATE
TEAM COMPETITION: Consider a request from the Atlantic High
School Speech and Debate Team for financial assistance in cover-
ing the costs incurred at the February competition in Boston.
David Freeman, Speech and Debate Coach at Atlantic High
School, stated that in February the Atlantic High School Speech
and Debate Team had the opportunity to travel to Boston for the
Harvard National Invitational Debate Tournament where twelve
students competed. In order to help pay for this trip, the
students themselves have raised approximately $1,500 through
candy sales, car washes, and restaurant fund raisers. Mr.
Freeman is asking the Commission for financial assistance in
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covering the costs incurred at the February competition. The
request is for $1,200 ($100 per student).
Mr. Randolph moved to approve a funding request from
the Atlantic High School Speech and Debate Team in the amount of
$600 or $50 per student (12 students), seconded by Mr. Egan.
Upon roll call the Commission voted as follows: Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes;
Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote.
9.F. FEC BLANKET LICENSE AGREEMENT FOR UTILITY CROSSINGS:
Consider approval of a blanket license agreement between the City
and the Florida East Coast Railway Company (FEC) wherein the FEC
grants to the City a license for each of the City utilities which
cross the FEC's rail line.
David Tolces, Assistant City Attorney, explained that
under the agreement, FEC will grant to the City a license for
each of the City utilities which cross the FEC's rail line. FEC
is increasing the fees over the next three years. The proposed
fees are based on current market conditions and are being imposed
through the FEC's railway area. Overall, the proposed agreement
will permit the City to continue to maintain its utility cross-
ings in their current locations.
The City Attorney stated that this agreement is for one
year and is automatically renewable for one year unless the
Commission decides to cancel upon providing FEC notice.
Mr. Egan moved to approve the Florida East Coast
Railway Company (FEC) Blanket License Agreement for utility
crossings, seconded by Ms. Kiselewski. Upon roll call the
Commission voted as follows: Mayor Alperin - Yes; Ms. Kiselewski
- Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes. Said motion passed with a 5 to 0 vote.
9.G. BID AWARD/MAJESTIC GROUP ENTERPRISES, INC.: Consider
approval of a bid award in the amount of $134,990 to Majestic
Group Enterprises, Inc. as lowest responsive bidder (second iow
bidder) for N.E. 1st Court utility improvements, from 334-3162-
541-61.17, 442-5178-536-61.78 through budget transfers from
442-5178-536-61.37 and 63.93.
The City Manager stated there was another company which
submitted a lower bid, however, was non-responsive because they
have neither a proper contracting license nor a Palm Beach County
Certificate of Competency which is one of the bid requirements.
Therefore, staff's recommendation is that the Commission reject
the iow bid and award the contract to Majestic Group Enterprises,
Inc. as lowest responsive bidder.
Mr. Ellingsworth moved to approve the bid award in
amount of $134,990 to Majestic Group Enterprises, Inc. as lowest
responsive bidder {second iow bidder) for N.E. 1st Court utility
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improvements, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes;
Mr. Ellin~sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
9.H. CHANGE ORDER AND CONTRACT ADDITION (C.O. 02 TO LIFT
STATION 50 CONTRACT)/MURRAY LOGAN CONSTRUCTION, INC.: Consider
Change Order %2 to the Lift Station 50 contract to Murray Logan
Construction, Inc. for additional, unanticipated work at Lift
Station 50 and contract additions for miscellaneous emergency and
non-emergency repair work, in the amount of $52,763 from
001-4137-572-46.90, 442-5178-536-61.84, and 442-5178-536-61.46
through budget transfer from 442-5178-536-61.36.
The City Manager stated that Change Order #2 to the
contract to Murray Logan Construction, Inc. is for additional,
unanticipated work at Lift Station 50, and contract additions for
miscellaneous emergency and non-emergency repair work at Lift
Station 14, the Water Treatment Plan, and the boat ramp at N.W.
llth Street on Lake Ida, all for a total cost of $52,763.
Mr. Egan moved to approve the change order and contract
addition (C.O. #2 to Lift Station 50 contract) to Murray Logan
Construction, Inc. for additional, unanticipated work at Lift
Station 50 and contract additions for miscellaneous emergency and
non-emergency repair work, in the amount of $52,763, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows:
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes. Said motion passed with a 5
to 0 vote.
9.I. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMiT-
TEE (RESOLUTION NO. 25-97): Appoint five members to the Afford-
able Housing Advisory Committee for two year terms ending March
31, 1999, and adopt Resolution No. 25-97. Appointments by Ms.
Kiselewski, Mr. Egan, Mr. Ellingsworth, Mr. Randolph and Mayor
Alperin.
The City Manager presented Resolution No. 25-97:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, APPOINTING
MEMBERS TO THE AFFORDABLE HOUSING ADVISORY
COMMITTEE, PURSUANT TO STATE LAW; PROVIDING
AN EFFECTIVE DATE.
(Copy of Resolution No. 25-97 is on file in the offi-
cial Resolution Book)
Ms. Kiselewski moved to appoint Albert McNamara,
residential building industry/contractor representative, to the
Affordable Housing Advisory Committee for a two year term ending
March 31, 1999, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
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Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes.
Said motion passed with a 5 to 0 vote.
Mr. Egan moved to appoint incumbent Sherry Johnson,
representative of those engaged in home building, to the Afford-
able Housing Committee for a two year term ending March 31, 1999,
seconded by Mr. Ellingsworth. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Ms.
Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Ellingsworth moved to appoint incumbent Thomas
Hinners, citizen-at-large serving as an advocate for low-income
persons, as a member to the Affordable Housing Committee for a
two year term ending March 31, 1999, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Because there were no applications received for the
provider of affordable housing position, Mr. Randolph requested
that his appointment be delayed until the April 1st regular
meeting so that staff may pursue qualified applicants.
Mayor Alperin stated that he wished to appoint Carmeli-
ta A. Smith (citizen-at-large) to the Affordable Housing Commit-
tee for a two year term ending March 31, 1999. Mr. Randolph so
moved, seconded by Mr. Egan. Upon roll call the Commission voted
as follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
Mr. Randolph moved to approve Resolution No. 25-97 with
the understanding that this resolution be amended at the time the
Commission appoints a provider of affordable housing, seconded by
Mr. Ellingsworth. Upon roll call the Commission voted as fol-
lows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion
passed with a 5 to 0 vote.
At this point, the time being 7:02 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. TRANSFER OF SEACREST PROPERTY TO PALM BEACH COUNTY
SCHOOL DISTRICT: Consider approval of the transfer of the
Seacrest property from the City to the Palm Beach County School
District.
Jan Hansen, speaking on behalf of the Palm Beach County
School Board, expressed his sincere appreciation for the continu-
ing cooperation he has received from the City of Delray Beach.
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Mr. Ellingsworth moved to approve the transfer of the
Seacrest property from the City to Palm Beach County School
District, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes.
Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 12-97: An ordinance amending Article
4.6, "Supplemental District Regulations", of the Land Development
Regulations by enacting a new Section 4.6.21, "Security Bars",
and a related provision to Appendix A "Definitions" 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. 12-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW
SECTION 4. 6.21, "SECURITY BARS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR THE PROHIBITION ON THE
USE OF SECURITY BARS ON STRUCTURES LOCATED
WITHIN THE COMMERCIAL, OFFICE, AND MIXED-USE
ZONING DISTRICTS; TO PROVIDE FOR A TWO YEAR
AMORTIZATION PERIOD; TO PROVIDE FOR REVIEW BY
THE SITE PLAN REVIEW AND APPEARANCE BOARD FOR
SECURITY BARS IN INDUSTRIAL ZONING DISTRICTS;
AMENDING APPENDIX A, "DEFINITIONS" OF THE
LAND DEVELOPMENT REGULATIONS FOR THE CITY OF
DELRAY BEACH; TO PROVIDE FOR A DEFINITION FOR
THE TERM "SECURITY BARS/BURGLAR BARS,";
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 12-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in 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.
John Meyers, 215 Sea High Point Court and owner of a
business at 301 N.E. 2nd Avenue, is strongly opposed to this
ordinance as it stands because he feels it gives no indication as
to whether the security bars are inside or outside. From a
security standpoint, Mr. Meyers feels that security bars would
act as a better deterrent to keeping criminals from breaking in
businesses as opposed to putting a film over a window.
Mayor Alperin closed the public hearing.
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Diane Dominguez, Planning Director, noted that there
have been some revisions incorporated into the ordinance which
would allow exceptions if the security bars are installed in the
interior of the windows. Also, security bars could be installed
on the exterior elevation of a structure if those bars are
architecturally recognized as decorative.
The City Attorney stated that the replacement ordinance
(Ordinance No. 16-97) would need to be readvertised since the
caption has changed.
Mr. Ellingsworth moved to deny Ordinance No. 12-97 on
Second and FINAL Reading so that the Commission can consider an
alternate ordinance, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes. Said motion to deny passed with a 5 to 0 vote.
10.B.1. ORDINANCE NO. 16-97: (FIRST READING) An ordinance
amending Article 4.6, "Supplemental District Regulations", of the
Land Development Regulations by enacting a new Section 4.6.21,
"Security Bars", and a related provision to Appendix A (Defini-
tions). If passed, a public hearing will be scheduled for April
1, 1997.
The City Manager presented Ordinance No. 16-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ENACTING A NEW
SECTION 4.6.21, "SECURITY BARS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR THE PROHIBITION ON THE
USE OF SECURITY BARS ON THE EXTERIOR STRUC-
TURES LOCATED WITHIN THE COMMERCIAL, OFFICE,
AND MIXED-USE ZONING DISTRICTS; TO PROVIDE
FOR THE INSTALLATION OF BURGLAR BARS ON THE
INTERIOR OF A BUILDING WITH APPROPRIATE
WINDOW SCREENING; TO PROVIDE FOR THE USE OF
DECORATIVE SECURITY BARS IN CONJUNCTION WITH
CERTAIN ARCHITECTURAL STYLES; TO PROVIDE FOR
A TWO YEAR AMORTIZATION PERIOD; TO PROVIDE
FOR REVIEW BY THE SITE PLAN REVIEW AND
APPEARANCE BOARD FOR SECURITY BARS IN INDUS-
TRIAL ZONING DISTRICT; AMENDING APPENDIX A,
"DEFINITIONS" OF THE LAND DEVELOPMENT REGULA-
TIONS FOR THE CITY OF DELRAY BEACH; TO
PROVIDE FOR A DEFINITION FOR THE TERM "SECU-
RITY BARS/BURGLAR." PROVIDING A SAVINGS
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 16-97 is on file in the official
Ordinance Book)
-12- 03/18/97
The City Attorney read the caption of the ordinance.
Mayor Alperin opened the floor for public comment.
Dan Burns, 1036 Bucida Road, stated that Commission
needs to consider that if they deny the security bars, then
people may put up hurricane shutters as a deterrent which may
appear more unsightly then security bars.
Discussion by the Commission followed.
Mr. Ellingsworth asked the City Attorney if business
owners like Mr. Meyers who have their security bars on the inside
of their windows at their business would have to come back for
approval. In response, the City Attorney stated that to her
understanding this is correct unless they have been previously
approved. Ms. Dominguez stated that some of these businesses
need to be researched and determine which have been previously
approved by the Board. If they have been previously approved,
then it would not have to come back, but if a business owner has
not been previously approved, they would need to go before the
Board (SPRAB or the Historic Preservation Board).
Mr. Randolph expressed concern over the aesthetics of
the security bars. He feels the Commission is stating no bars
other than those that are decorative but the Board may say remove
the bars. He feels that business lives of the business owners is
being put in the hands of one of the City's Boards. Further, he
feels that by removing security bars from a business is only
inviting the burglars to break in and he will not support this
ordinance.
Mr. Egan moved to approve Ordinance No. 16-97, seconded
by Ms. Kiselewski. Upon roll call the Commission voted as
follows: Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - No; Mr. Randolph - No. Said motion
passed with a 3 to 2 vote.
10.C. ORDINANCE NO. 13-97: (FIRST READING AND FIRST PUBLIC
HEARING) An ordinance amending Ordinance No. 60-96 to extend the
moratorium on the acceptance or consideration of applications for
conditional use approvals for certain personal wireless service
towers and tower facilities through June 15, 1997. If passed, a
second public hearing will be scheduled for April 1, 1997.
The City Manager presented Ordinance No. 13-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 60-96 BY AMENDING SECTION ONE
TO PROVIDE FOR THE EXTENSION OF THE MORATORI-
UM ON THE ACCEPTANCE OR CONSIDERATION OF
APPLICATIONS FOR CONDITIONAL USE APPROVALS
FOR CERTAIN PERSONAL WIRELESS SERVICE TOWERS
-13- 03/18/97
AND TOWER FACILITIES THROUGH JUNE 15, 1997;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 13-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in 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.
Gary Brown, resident of Boca Raton, stated he fully
supports the moratorium.
The public hearing was closed.
Mr. Ellingsworth moved to approve Ordinance No. 13-97
on First Reading and First Public Hearing, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Ms.
Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
10.D. ORDINANCE NO. 14-97: (FIRST READING AND FIRST PUBLIC
HEARING) An ordinance amending Section 4.4.13(D) of the Land
Development Regulations to provide for moped/motor scooter
rentals as a conditional use in the Central Business District;
amending Section 4.3.3 to include restrictions on such use; and
amending Appendix A, "Definitions", to provide for a definition
of moped/motor scooter. If passed, a second public hearing will
be scheduled for April 1, 1997.
The City Manager presented Ordinance No. 14-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT," SUBSECTION (D) "CONDITIONAL USES
AND STRUCTURES ALLOWED," OF THE LAND DEVELOP-
MENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO PROVIDE FOR MOPED/MOTOR SCOOTER RENTALS AS
A CONDITIONAL USE; ENACTING A NEW SUBSECTION
4.3.3(A), "MOPED/MOTOR SCOOTER RENTALS," TO
PROVIDE FOR THE PROHIBITION ON OUTSIDE
STORAGE OF MOPEDS, A LIMITATION ON ON-SITE
SERVICE, A LIMITATION ON OUTSIDE DISPLAYS,
AND THE PROHIBITION OF PROPOSED MOPED RENTAL
BUSINESSES WITHIN 1000 FEET OF EXISTING MOPED
RENTAL BUSINESSES; AMENDING APPENDIX (A),
"DEFINITIONS," OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
-14- 03/lS/97
PROVIDE FOR THE DEFINITION OF "MOPED/MOTOR
SCOOTER"; PROVIDING A SAVINGS CLAUSE; A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 14-97 is on file in the official
Ordinance Book)
The City Attorney read the caption of the ordinance. A
public hearing was held having been legally advertised in 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.
Kathy Stokes, 1220 Southways, is strongly opposed to
this ordinance and feels that moped/motor scooter rentals will
not contribute to the aesthetics nor the safety and welfare of
the City. She emphatically urged the Commission to deny this
ordinance and distributed a list of topics for the Commission to
consider in opposition to the moped ordinance (a copy of which is
attached hereto and incorporated herein as an official part of
the minutes).
Sandy Morrissett, 318 Palm Trail, is strongly opposed
to this ordinance and feels that this is a congestion and safety
issue. He urged the Commission to consider the safety of not
only the residents but the tourists who come visit Delray as
well. Overall, Mr. Morrissett urged the Commission to deny this
ordinance.
Jean Beer, 945 Tropic Boulevard, is strongly opposed to
the moped/motor scooter rentals and feels there is no place in
the City that moped/motor scooters would be safe.
Caroline Smiles, 1109 Waterway Lane, is strongly
opposed to the moped/motor scooter rentals and feels it will be
much too dangerous. She urged the Commission to deny this
ordinance.
Alice Finst, 707 Place Tavant, is strongly opposed to
the moped/motor scooter rentals and feels the City does not need
the noise, commotion, or confusion that may occur if these
moped/motor scooters are permitted. She urged the Commission to
think this matter out thoroughly.
John Hanson, 1221 Lang Street, echoed the concerns of
the residents opposed to this ordinance and clearly feels the
issue is safety and noise.
Pat Healy-Golembe, 2000 South Ocean Boulevard, is
strongly opposed to this ordinance primarily because of the noise
and the negative impact it may have on the downtown area and on
the residential areas. She feels the City needs to encourage
-15- 03/18/97
pedestrians and bicycles and not a noisy method of transporta-
tion.
Ann Marie Chamberlain, 1145 Harbor Drive, is strongly
opposed to this ordinance and does not feel it would be benefi-
cial for the City to consider the moped/motor scooters.
Leslie Horenburger, 510 North Swinton, stated that she
concurs with her fellow residents opinion about safety. However,
her biggest concern is Delray is becoming a town of tourists and
feels the needs of the citizens are being neglected. She stated
that mopeds are noisy and dangerous and she does not believe that
they enhance the quality of life in Delray Beach. Further, she
urged the Commission to vote against this ordinance.
Dan Burns, 1036 Bucida Road, expressed concern over the
safety of the moped/motor scooters and the noise that could be
generated from them. He feels the Commission should be more
concerned with the taxpayers in Delray Beach rather than the
tourists.
Bernadette Taylor, 1210 Southways, stated that she has
changed her residency from Nebraska to Delray because she loves
the charm and the quiet of Delray Beach. She would hate to see
anything change by adding the mopeds and urged the Commission to
vote against this ordinance.
Judy Everett, 1015 Vista Del Mar Drive, urged the
Commission to vote against this ordinance. She stated that
people have enough difficulty trying to get around the bicyclists
and rollerbladers and she is concerned that the mopeds/motor
scooters will disturb the peace in the neighborhood.
Franklin Boyar, 1015 Seasage Drive and BPOA President,
stated that there are so many valid reasons to vote against
having moped/motor scooter rentals in the Delray Beach area and
overall opposes this ordinance.
Allen Tate, A1A Bike Rentals & co-owner of 1155 East
Atlantic Avenue, distributed a petition to the Commission signed
by 41 local merchants who are in support of the moped/motor
scooter rentals (a copy of which is attached hereto and incorpo-
rated herein as an official part of the minutes).
Lynn Stokes, 1220 Southways, encouraged the Commission
to vote against this ordinance.
Gerald Defoe, 142 Mockingbird Lane, representing
Country Manors, stated that everyone in Country Manors is strong-
ly opposed to this ordinance.
Mrs. Richwaqen, owner of Richwagen's Delray Beach
Bicycles, strongly supports the moped/motor scooter rentals and
-16- 03/18/97
stated that she does not see this as an issue because there will
be a minimum number of scooters to rent.
Albert Richwaqen, owner of Richwagen's Delray Beach
Bicycles, strongly supports the moped/motor scooter rentals and
urged the Commission to approve this ordinance for a new loca-
tion. He stated that if need be, the shop could stay in its same
location for rentals instead of on the beach.
Roy Padalino, owner of a cafe at 205 East Atlantic
Avenue, is in favor of this ordinance and stated that Delray
Beach is a tourist town. He stated that the Richwagen's are
asking for a minimum of six scooters and feels the scooters are
not only easy to park but will not create very much noise.
Bill Brewster, owner of Frances Brewster/ll00 East
Atlantic Avenue, concurs with comments made in terms to the
reasons why not to pass this ordinance primarily due to safety.
He stated this raises the level of possibility of dangerous
accidents to occur and feels it will only leave the door wide
open regarding liability.
Mayor Alperin closed the public hearing.
Discussion by the Commission followed.
Mr. Egan stated that the Commission is trying to give
staff, City Attorney, and Code Enforcement an ordinance that they
can enforce so to limit the number of mopeds and have some kind
of control.
The City Attorney stated that if it is not a listed
permitted use then it is not allowed. However, there may be a
use that is similar to another use then there is an entire
process for a similarity of use determination by the Director or
the Planning and Zoning Board. The general rule is that if it is
not listed then it is not allowed.
Diane Dominguez, Planning Director, stated that in this
case where it is most similar is in the AC (Automotive Commercial
District) where the City allows motorcycle rental/sales service.
It could be permitted as a similarity of use. However, there is
really nothing in the CBD (Central Business District) that is
similar at all which is why staff went this route with an LDR
amendment.
Mr. Randolph commented that it appears right now that
without an ordinance there is a quiet usage of mopeds in the
City. He believes that most of those are probably owner operator
and there are probably many safe drivers because it is their
personal equipment but under a rental situation he feels it may
be a little different. Mr. Randolph feels that perhaps the City
needs an ordinance but this may not be the time for it.
-17- 03/18/97
Mayor Alperin clarified that this is not the usage of
mopeds/scooters but whether a rental use is allowed in the
Central Business District (CBD). He does not feel that this
particular use in this particular location will ad to the quality
of life or the image of Delray Beach. He recommends that this
ordinance be denied and staff continue to look further into
whether or not to restrict as a non-permitted use.
Mr. Ellingsworth moved to deny Ordinance No. 14-97 on
First Reading and First Public Hearing, seconded by Mr. Randolph.
Upon roll call the Commission voted as follows: Mr. Egan - Yes;
Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes;
Ms. Kiselewski - Yes. Said motion to deny passed with a 5 to 0
vote.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately followinq Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
The City Manager explained that at the last meeting Mr.
Kamarata made several suggestions. Since this is still being
worked on, the City Manager stated that a response to Mr.
Kamarata's suggestions is not ready at this time.
With regard to a prior question raised by Mrs. Beer
about the way the City handles street closures, the City Manager
stated that discussion regarding this issue is scheduled for the
April 8th workshop meeting.
11.B. From the Public.
11.B.1. Vera Scott, Delray Beach Heights Homeowner's
Association, commended Dorothy Ellington for the fine job she is
doing at the Delray Beach Housing Authority. She feels that
Carver Estates has made a definite improvement since Ms.
Ellington has been there.
Secondly, Ms. Scott stated that one of the main
concerns of the Delray Beach Heights Homeowner's Association is
the broken fence along S.W. 8th Street and S.W. 10th Avenue. She
stated that due to the lack of security along the southeast
section where the fencing borders the cemetery, there is an
enormous amount of drug and prostitution activity. She feels
this is a disgrace to loved ones buried in the cemetery and that
everyone would like to see a solution to this problem. Further,
she feels that good fencing may help to reduce some of the crime.
11.B.2. Elma Maldonado, 906 S.W. 10th Avenue, stated that for
the past twenty years she has been getting all the pedestrian and
car traffic from Carver Estates and feels that no one will take
responsibility for repairing the broken fence at the dead end of
S.W. 10th Avenue. She urged the Commission to put pressure on
-18- 03/18/97
Carver Estates to repair the fence so that she can have some
peace and quiet.
ll.B.3. Betty Goodman, 930 S.W. llth Terrace, expressed concern
over the swales along 10th Street and urged the Commission to
have this area cleaned up.
ll.B.4. Mr. R. Gonzales, 1001 S.W. 8th Street, expressed
concern over the broken fence at the dead end of S.W. 10th Avenue
and suggested that a permanent fence be installed since the
existing fence is constantly being torn down. He feels either a
6 foot wood fence or a concrete fence would perhaps help the
problem. Further, he suggested that the City look into making a
cul-de-sac at the end of the street to help prevent some of the
drug activity and traffic congestion going into Carver Estates.
11.B.5. Iris Navarro, 914 S.W. 10th Avenue, expressed concern
over the heavy volume of traffic and the speeding in the area of
S.W. 10th Street and S.W. 10th Avenue. In addition, she stated
that the majority of people do not stop at the stop sign which is
erected at the dead end of S.W. 8th Street and S.W. 10th Avenue.
11.B.6. Jean Beer, 945 Tropic Boulevard, stated that what is
being discussed this evening is exactly what PROD would like to
see the Commission address in their goal setting sessions. She
stated there is neighborhood after neighborhood with major crime
problems which should be addressed. She stated street closures,
walls, fences, or bougainvillea hedges will stop free access for
drug dealers and criminals and feels there are other alternatives
to preventing crime instead of hiring more police. Further, Ms.
Beer urged the Commission to turn their attention to the
neighborhoods.
11.B.7. Albert D. Heller, P.E. 3130 N.W. 10th Street, expressed
concern over the Palm Tran facility and reiterated that the
intent of the permitting of berms around the perimeter of that
facility, which was stated by the agents after the acquisition of
the property has never been met. Further, he stated that he will
keep bringing this issue before the Commission until it is
addressed.
11.B.8. Dan Burns, 1036 Bucida Road, stated that in his
neighborhood pipes are being installed underground and through
the efforts of the City, they moved into the street to install
the pipe without disturbing any of the neighbors hedges, etc. He
feels it is nice to have a City that is willing to cooperate with
its residents. In addition, he recently had to do some changing
of properties and thanked Diane Dominguez along with the Planning
staff for the quick response to the attorney's request.
11.B.9. Gerald Defoe, 142 Mockingbird Lane, Country Manors
liaison and Immediate Past President of PROD, expressed concern
over an open consideration of a motion to be made to the County
Commission for the widening of Lake Ida Road (west of Congress
-19- 03/18/97
Avenue). He feels the condition of Lake Ida Road is getting
steadily worse and suggested that the Commission have an open
discussion so that the people who will be affected may give their
input.
Secondly, Mr. Defoe stated that the City has been
extremely successful with securing traffic lights for the
intersection of 10th Avenue and 10th Street along with getting
turning arrows on Lake Ida Road and Military Trail. Further, he
stated that an attempt is being made to get turning arrows
between Market Place and Delray Square.
Mayor Alperin clarified that he, staff, and the City
Manager have briefly discussed the widening of Lake Ida Road
(west of Congress Avenue), however, have not yet scheduled a
meeting. Mayor Alperin reassured Mr. Defoe that this matter has
not been ignored.
11.B.10. Alice Finst, 707 Place Tavant, extended her sincere
thanks with the cooperation she received recently from the City
Clerk's office with their assistance in helping her research
information.
Secondly, she feels that there are other problems which
need to be addressed before the widening of Lake Ida Road is
considered.
Thirdly, Ms. Finst feels the City needs to have an open
discussion regarding the matter of the Co-Tran/Palm Tran bus
facility. Further, she stated that the appearance between Lake
Ida Road and Atlantic Avenue is appalling and suggested that the
Co-Tran/Palm Tran bus facility and the appearance of Congress
Avenue (from Lake Ida Road to Atlantic Avenue) be placed on an
upcoming agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 15-97: An ordinance rezoning a parcel of
land from CF (Community Facilities) District and RR (Rural
Residential) District to RM-7 (Medium Density Residential - 7
dwelling units/acre) for Coral Trace (Sned Property). The
subject property is generally located north of West Atlantic
Avenue, between the High Point and Sudan Subdivisions. If
passed, a quasi-judicial/public hearing will be held April 1,
1997.
The City Manager presented Ordinance No. 15-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED CF (COMMUNITY
FACILITIES) DISTRICT AND RR (RURAL RESIDEN-
TIAL) DISTRICT IN THE RM-7 (MEDIUM DENSITY
RESIDENTIAL - 7 DWELLING UNITS/ACRE) DIS-
-20- 03/18/97
TRICT; SAID LAND BEING GENERALLY LOCATED
NORTH OF WEST ATLANTIC AVENUE AND SOUTH OF
LAKE IDA ROAD, BETWEEN THE HIGH POINT AND
SUDAN SUBDIVISIONS, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 15-97 is on file in the official
Ordinance Book)
Diane Dominguez, Planning Director, noted that at its
meeting of March 17th the Planning and Zoning Board had a hearing
on this item and unanimously recommended approval. She stated
that this should be noted for the record since the Board's
recommendation was not included with the Planning and Zoning
Staff Report.
Mr. Ellingsworth moved to approve Ordinance No. 15-97
on FIRST Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran-
dolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan
- Yes. Said motion passed with a 5 to 0 vote.
Prior to the vote, Mayor Alperin stated he is concerned
about there only being one entrance into this 284-unit multiple
family development. In addition, he asked Ms. Dominguez the
price of the units. In response, Ms. Dominguez stated that the
price of these units will be approximately between
$110,000-$120,000.
9.J. APPOINTMENTS TO TEE NUISANCE ABATEMENT BOARD: Consider
the appointment of members to the Nuisance Abatement Board as
follows: two regular members for one year terms ending March 31,
1998; three regular members for two year terms ending March 31,
1999; and two alternate members for two year terms ending March
31, 1999. The appointments will be made according to the rota-
tion schedule commencing with Seat #1.
Ms. Kiselewski moved to appoint Debra Dowd as a
regular member to the Nuisance Abatement Board for a one-year
term ending March 31, 1998, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Randolph Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan- Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
Mr. Ellingsworth moved to appoint Daryl Nathanson as a
regular member to the Nuisance Abatement Board for a two-year
term ending March 31, 1999, seconded by Ms. Kiselewski. Upon
roll call the Commission voted as follows: Mayor Alperin - Yes;
Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
-21- 03/18/97
Mr. Randolph moved to appoint Clifford P. Wright, Jr.,
as a regular member to the Nuisance Abatement Board for a two-
year term ending March 31, 1999, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Ms. Kiselewski -
Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes;
Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin stated that he wished to appoint Yvonne
Baine as a regular member to the Nuisance Abatement Board for a
two-year term ending March 31, 1999. Mr. Ellingsworth so moved,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Egan moved to appoint Diane E. Borchardt as a
regular member to the Nuisance Abatement Board for a one-year
term ending March 31, 1998, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Ellingsworth - Yes;
Mr. Randolph - Yes; Mayor Alperin - Yes; Ms. Kiselewski - Yes;
Mr. Egan - Yes. Said motion passed with a 5 to 0 vote.
Ms. Kiselewski moved to appoint N. Jean Heinly as an
alternate member to the Nuisance Abatement Board for a two-year
term ending March 31, 1999, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes. Said motion passed with a 5 to 0 vote.
Mr. Egan moved to appoint Edward A. Ostrowski, Jr., as
an alternate member to the Nuisance Abatement Board for a two-
year term ending March 31, 1999, seconded by Ms. Kiselewski.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
9.K. CONSTITUTIONAL REVISION COMMISSION POTENTIAL CONSTITU-
TIONAL AMENDMENTS: Review and comment on the initial list
suggested constitutional amendments compiled by the Florida
League of Cities' General Counsel.
The City Attorney stated that she received a letter
from the General Counsel of the Florida League of Cities' outlin-
ing some areas that they may want to look at as potential consti-
tutional amendments dealing with home rules, state mandates,
taxation, and other things governing municipalities. Basically,
the Florida League of Cities has asked the City of Delray Beach
to respond with comments regarding the potential constitutional
amendments by April 1st.
Discussion by the Commission ensued.
-22- 03/18/97
Mayor Alperin expressed his concern over a few of the
potential constitutional amendments supplied by the Florida
League of Cities.
It was the consensus of the Commission to generally
support the amendments as compiled by the Florida League of
Cities.
9.L. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA.
9.M. RESOLUTION NO. 27-97: A resolution established a Money
Purchase Plan and Trust through the International City Management
Association Corporation for certain eligible employees. Resolu-
tion No. 27-97 is an addendum to that resolution which executes
the Declaration of Trust of the ICMA Retirement Trust and estab-
lishes the coordinator of the program.
The City Attorney explained that in order to establish
the plan, ICMA Retirement Corporation must receive an addendum to
the resolution which properly establishes the Trust, and desig-
nates a plan coordinator. The resolution states that the City
Manager shall be the coordinator of the program.
Mr. Egan moved to approve Resolution No. 27-97, second-
ed by Ms. Kiselewski. Upon roll call the Commission voted as
follows: Ms. Kiselewski - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Aqenda Items.
13.A. City Manaqer
The City Manager had no comments or inquiries.
13.B. City Attorney
The City Attorney had no comments or inquiries.
13.C. City Commission
13.C.1. Ms. Kiselewski
Ms. Kiselewski thanked the Commission for their cooper-
ation and stated that it has been an honor and a privilege
serving the citizens of Delray and working with the Commission.
In addition, she wished everyone well.
13.C.2. Mr. Ellingsworth
Mr. Ellingsworth had no comments or inquiries.
13.C.3. Mr. Egan
-23- 03/18/97
Mr. Egan reminded everyone about the President's
Council meeting tomorrow evening held in the Community Center at
7:00 p.m.
13.C.4. Mr. Randolph
Mr. Randolph had no comments or inquiries.
13.C.5. Mayor Alperin
Mayor Alperin discussed his trip to Tallahassee and
explained that he spent most of the time supporting County issues
versus City issues.
In addition, Mayor Alperin thanked Commissioner Kise-
lewski for serving on the Commission and bid her farewell.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:55 P.M.
v _ ~ Cf~y~Clerk
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 March 18, 1997
which minutes we/~e formally approved and adopted by the City
Commission on~{J-~fw~ /~ /99~
JCity Cl~rk
NOTE TO READER:
If the minutes you have received are not completed 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.
-24- 03/18/97
3-18-1997 2:46PH F~0H PLANNING AND REAL ES B61 434 8187
THE ,,SCt'ICX;~ D~I'I~CT [~, JO~N R KOWAL
O~ I:~LM BEA~4 COL,It,IT'Y, Ft. ORIOA
PLANNING & REAL ESTATE
11320 FORESt Hilt. [~,}LEVAR0,
March 1B, 1997
Jeff Costello, Planner
Planning & Zoning
City of' De[ray Beach
100 N.W. 1st Avenue
Delray Beach. FL 33a44
P,,E: Plumosa Elementary School
Dear Mr. Costello:
A,~ alit for a [~tition for a communication tower at the above school, I request ~at the application
be wi~dra~.
Sho~d you have ~y questions or ~nc~s, ple~e do not hesitate to ~nmct ~e undersigned.
S~cerely,
A~A A,A H~rn~dez~ ~CP .... ~
Plannit Specialis~ (Educational)
Pl~g & R~I Estate
~:bkk ~ "= '"
cc; Linda Hines
Pat Steinkuehlcr
Carol Dubiasky
Elizabeth Rega, Sprint
Elizabeth Decker, Area Executive Director
Eula Mason-Berry, Principal, Plumosa
Diane Dominguez
An Equal Education O{)portunity I=h'ovider and Affirmalive Acli~n Employer
Some topics to consider in opposition to the moped ordinance:
Safety: "Safety nightmare" on the roads. Moped drivers do not observe speed limits, local
ordinances or signs. They drive too fast, too slow or recklessly. They are rented to people who
have never been on one before. If rented by the day or week, they can be ridden at night when they
are very hard to see. (The proposal is to rent them by the hour, day or week.)
Parking: Moped rentals are a parking nuisance. They will park on the sidewalks and private
property; in front of parking meters or in areas marked off for no parking or standing; and
anywhere they stop, they park.
Noise: They are a noise nuisance. They are too loud, especially when there are more than one.
They are often rented in groups - to a group of individuals or to two couples. You cannot restrict
where they ride, so they will ride in quiet residential neighborhoods. If rented by the day or week,
they can be ridden at any hour, including late at night.
Competition and congestion: They will compete with roller bladers, skate boarders, bicyclists,
joggers, and walkers in the beach area. They will also compete with even more and more cars and
trucks at the beach as the hotel expands. The five-story hotel addition will have 100 rooms, and the
following will be included in the one story addition: two (2) banquest rooms, a large ballroom,
lobby, atrium court, restaurant and lounge. We need to be careful about what we add to the beach
area. If the congestion gets bad enough, no one - not tourist or resident - will be able to enjoy it.
Minors will drive them: Even though the ordinance says that the renter has to have a driver's
license, older friends or relatives (e.g., an older brother) will rent the mopeds so that a minor will
be able to use it. Dangerous for the minor and dangerous for everyone else since they can be so
reckless and they are completely inexperienced drivers.
Negative impact on residential neighborhoods: These will driven on the residential sidestreets
throughout the community. They will disturb the peace and quiet. Travelling often in groups, they
pull up in front of homes and park in order to get a better look. This will be a particular problem
for historic homes or those with outstanding architecture or landscaping. For example, they will
pull over to look at trees and other vegetation in front yards. This will also be an issue for
Gulfstream.
Security issues: The use of rental mopeds means easier access to residential neighborhoods to
"check them out" or slip into homes to take purses, money or jewelry. This is an issue not only for
Delray neighborhoods but also for Gulfstream.
Negative impact on the businesses at the beach: The retail at the beach is a fun mix of stores,
including some high-end retail (for example, Mark, Fore and Strikes's flagship store; Frances
Brewster with another location on Worth Avenue; Snappy Turtle with a sister store in
Kennebunkport; Nina Raynor with couture showings; Kientsky who advertises nationally in
magazines such as Vogue and Town zmd Country, to name a few). Moped rentals cheapens the
area and jeopardizes these types of businesses from continuing to be here in Delray.
Village by the Sea: According to the Comprehensive Plan, we visualize ourselves as the "village
by the sea." This proposed ordinance does support that type of ambiance. We are a residential-
based resort town. Let's not destroy what we have.
PETITION
I, thc undersigned, do hereby show my support for AIA Bike Rental. Inc., in their efforts Io win thc Ci~' of Dclr,q~' Beach's
Ptanniflg and Zoning Board as ~cll as the Ciry Commissioners' approval for a limited amount of motor scooters Io bc available for
rent to the public at their ! 155 Easl Atiamic Avenue location. I am fully aware lhal the Cil)' of Dciray Beach's sireets arc for public
usage, and that licensed modes of personal transportalion cannot bc restricted from such streets. My signature bdow shows !
approve of A! A's business efforts to proxide safe, quality motor scooters for renl so residcnls and tourists alike can enjoy al. their
own free will ~'hile in the Ci~.' of Eh:lray Beach.
NAME STREET ADDRESS cri'Y SIGNATURE
..... ' '
) ' ' %--~ ~ ~ ~- I
I, the undersigned, do hereby show my support for AIA B/kc P, amal, Inc., in their efforts to win thc Ci~' of Dclray B~ch's
Planning and Zoning ~ ~ w~ ~ ~missione~' appel ~ a limit~ amount of ~tor ~te~ lo ~ available for
~nt lo Ihe ~blic at their 1 ! ~ E~ Atlamic Avenue l~tion. I am fully ~ lha/lhe City of~iray ~ach's sit,ts arc for p~iic
~ge. and that Iicen~ m~s of~o~l trans~nalion cannot ~ rcs/ncled from such st~ls. My signalure ~low shows I
approve of Al A's business effo~s lo provi~ ~fc, q~liW motor ~ters for renl ~ rmidenls and tourists alike ~n enjoy at lheir
oaa fr~ w/Il while in ~e CiO' of ~lmy B~ch.
PETITION
1, thc und¢~igncd, do hereby show my supporl for AIA Bikc Rental, Inc., in their efforts lo win lhc Ci~' of Dclray Boach's
Planning and Zoning Board as '~cil as Ibc Cji)'. Commissioners' approval for a limited amounl of motor scooters lo b¢ available for
rca( Io thc public at their 1155 Easl Atlantic Avenue location, I am fully aware lhal Ibc Cily of Delray ~ach's slreets arc for public
usage, and that licensed modes of personal imnsportalion cannoi bc rcstriclecl from such streels. My signalur¢ below shows I
approve of Al A's business efforts to provide safe. quality motor scooters for renl so residenls and tourists alike can enjoy at lheir
own free ~411 svhilc in the CiO' of Delray Beach.
NAME STREET ADDRESS CITY SIGNATURE