04-01-97 APRIL 1, 1997
A Regular Meeting of the City Commission of the City of
Delray Beach, Florida, was called to order by Mayor Jay A1perin
in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday,
April 1, 1997.
1. Roll call showed:
Present - Commissioner Kevin Egan
Commissioner Ken Ellingsworth
Commissioner David Randolph
Commissioner David Schmidt
Mayor Jay Alperin
Absent - None
Also present were - City Manager David T. Harden and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Rabbi Samuel
Silver, Temple Sinai.
3. The Pledge of Allegiance to the flag of the United
States of America was given.
4. Aqenda Approval.
Mayor A1perin requested that Item 8.A., FINAL PLAT
APPROVAL/VILLAS D'ESTE, be moved from the Consent Agenda and
placed on the Regular Agenda as Item 9.A.A.
Mr. Ellingsworth moved to approve the agenda as amend-
ed, seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
5. Approval of Minutes=
Mr. Randolph moved to approve the Minutes of the
Regular Meeting of March 18, 1997, seconded by Mr. Egan. Upon
roll call the Commission voted as follows: Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor A1perin - Yes; Mr.
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
6. Proclamations=
6.A. Recognizinq and commending Mr. Charles Burn for his
life-savinq actions in an emergency situation.
Mayor A1perin read and presented a proclamation recog-
nizing and commending Mr. Charles Burn, 257 N.E. 13th Street, for
his immediate and appropriate action of rescue breathing for a
drowning victim which resulted in averting tragedy and saving the
life of a child. Mr. Burn came forward to accept the proclama-
tion.
7. Presentations:
7.A. Recocrnizinq and commending Police Department volun-
teers.
Police Chief Richard Overman presented the following
Volunteer of the Year awards in recognition and appreciation of
Police Department volunteers:
Citizen Observer Patrol Captain: Tom Adams
Parking Enforcement Specialist: Art Levy
Roving Patrol: Mary Alice Andrews Art Parsons
Downtown Walking Patrol: Joan Hardy
Barbara Libbey
Citizens Police Academy Alumni: Warren Beer
Staff Support: James McCann
Elaine Tencer
Martin Tencer
Haitian Roving Patrol: Renold Chery
Alfred Etienne
Inel Etienne
Mobile Traffic Monitoring Patrol: Herbert Friedman
Sonny Spinosa
Louis Viscosi
Chief Overman noted that the Police Department current-
ly benefits from the services of approximately 1,200 people who
volunteer their time in various ways. He expressed sincere
appreciation to all the volunteers who participate in the pro-
gram.
Mayor Alperin stated that the City is extremely proud
of these individuals and expressed his thanks to all of the
volunteers participating in the program.
7.B. Resolution No. 28-97 recognizinq and commending Robert
Garland for over 40 years of service to the City of Delray Beach.
The caption of Resolution No. 28-97 is as follows:
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
AND COMMENDING ROBERT GARLAND FOR OVER FORTY
YEARS OF DEDICATED SERVICE TO THE CITY OF
DELRAY BEACH, FLORIDA.
(Copy of Resolution No. 28-97 is on file in the offi-
cial Resolution Book)
Mr. Randolph moved to approve Resolution No. 28-97,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Garland came forward to accept the resolution and
Mayor Alperin's thanks and best wishes.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. THIS ITEM WAS MOVED TO THE REGULAR AGENDA.
8.B. AGREEMENT FOR SIDEWALK IMPROVEMENTS/VIAMARINA: Accept
an agreement between the City and Via Marina Development Corp. to
allow deferral of the sidewalk improvement requirement for its
8-unit townhouse development located on the west side of Venetian
Drive between Bay and Nassau Streets.
8.C. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/HISTORIC
TAX EXEMPTION: Approve an interlocal agreement to allow the City
of Delray Beach , utilizing the Delray Beach Historic Preserva-
tion Board, to perform the review functions necessary for County
historic tax exemption within the City.
8.D. TRI-PARTY AGREEMENT WITH PALM BEACH COUNTY AND MAD
DADS/FUNDING FOR OUT OF SCHOOL RECREATION PROGRAMS: Approve a
tri-party agreement between Palm Beach County, the City and MAD
DADS, Inc. for grant funding in the amount of $21,500 for out of
school recreation programs currently administered by MAD DADS.
8.E. CHANGE ORDER #3 AND FINAL PAYMENT/FLORIDA DESIGN
CONTRACTORS: Approve deduct Change Order #3 in the amount of
$26,788.98 and final payment in the amount of $62,834.59 to
Florida Design Contractors, Inc. for completion of the Morikami
Park wellfield and transmission main project (Contract #2), with
funding from 440-5179-536-63.61 and 442-5178-536-61.82.
8.F. CHANGE ORDER ~2 AND BID AWARD/LIFT STATION TELEMETRY
SYSTEM: Approve Deduct Change Order #2 in the amount of $101,200
with Intercounty Engineering, Inc. which deletes installation of
the telemetry system from the Lift Station contract, and award a
bid in the amount of $79,560 to Data Flow Systems, Inc. for
telemetry system rehabilitation of Lift Stations 3, 10, 32, 83,
88 and 105.
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8.G. PAYMENT FOR SOFTWARE SUPPORT/WATER TREATMENT PLANT=
Approve payment in the amount of $15,594.67 to Johnson Yokogawa
Corporation (sole source vendor) for software support and mainte-
nance at the Water Treatment Plant for the period January 13,
1996 through February 13, 1997, with funding from
441-5122-536-46.90 and 440-5179-536-64,30.
8.H. APPOINTMENT OF OUTSIDE COUNSEL/ANTHONY CLECKLY V. CITY:
Approve the appointment of outside counsel to represent the City
in the referenced matter as recommended by the City Attorney.
8.I. AWARD OF BIDS AND CONTRACTS=
1. Three year lease via State of Florida contract for
a Xerox Corporation copy machine for the Police
Department, at a total cost of $23,079.24 from
001-2113- 521-4430.
2. Bid award in the amount of $331,909 to Molloy
Brothers, Inc. for roadway improvements on S.B.
4th Avenue between S.E. 2nd Street and Atlantic
Avenue, with funding from 228-3162-541-61.94 and
440-5179-536-63.62 through budget transfer from
440-0000-361-10.00.
3. Bid award to Jones Chemicals and Acme Utility
Products via the City of Boca Raton cooperative
bid for the purchase of liquid chlorine, and
sodium and calcium hypochlorite, at an estimated
annual cost of $96,403.50 from 441-5122-536- 52.21
and 441-5144-536-52.21
4. Bid award to Atlantic Refrigeration Corp. as
primary contractor and State Air Conditioning,
Inc. as secondary contractor for air conditioning
services and repairs, at an estimated annual cost
of $28,825 from various departmental operating
expense accounts.
Mr. Ellingsworth moved to approve the Consent Agenda
as amended, seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A.A. FINAL PLAT APPROVAL/VILLAS D'ESTE: Approve the final
boundary plat for Villas D'Este, a proposed 191 unit rental
apartment complex to be located on the north side of Atlantic
Avenue, immediately east of and adjacent to the Carver Middle
School site.
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Mayor Alperin stated that the City has been actively
trying to improve the quality of housing for its residents. He
personally feels there is a need to emphasize owner-occupied,
higher-end housing since that will help to increase the City's
tax base. Although he would vote to approve the final plat,
Mayor Alperin urged the Commission to be cautious about its
consideration of housing issues in the future.
Mr. Egan moved to approve the final plat for Villas
D'Este, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said
motion passed with a 5 to 0 vote.
9.A. BID AWARD FOR SOFT DRINK VENDING SERVICES. Consider
Purchasing Division's bid tabulation for our soft drink vending
service, together with recommendations from Brahm Dubin and the
Parks and Recreation Department.
The City Manager stated that two bids were received for
the City's soft drink vending service (Florida Coca-Cola Bottling
Company and Pepsi-Cola Bottling). He noted that additional
information was provided to the Commission this evening from
Brett Weinroth, an official for the Nuveen Tour/Champions of
Tennis. Mr. Weinroth's letter discusses the benefits of the
sponsorship dollars for the tennis center and the pending Nuveen
event committed by Coca-Cola in its bid.
The City Manager stated that Pepsi-Cola's cash bid is
approximately $10,000.00 more each year than Coca-Cola's bid.
However, the Coca-Cola bid involves about $81,000.00 worth of
advertising in relationship to a major tennis tournament at the
tennis center and will help to lure additional tennis tournament
sponsors. On that basis, the City Manager recommended that the
bid be awarded to Coca-Cola. 'He pointed out that there is a
conflict in staff's recommendation as the Director of Parks and
Recreation had recommended the Pepsi bid since it has a higher
cash amount. The City Manager felt that in the long term, the
City would best be served by accepting the Coca-Cola bid.
Mr. Ellingsworth moved to award the bid for soft drink
vending services to Florida Coca-Cola Bottling Company as recom-
mended by the City Manager, seconded by Mr. Egan. Upon roll call
the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan -
Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin
- Yes. Said motion passed with a 5 to 0 vote.
At this point, Brahm Dubin, General Manager of BJCE,
Inc., thanked the Commission for awarding the bid to Coca-Cola.
9.B. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Consider appealing the conditions of approval imposed by the Site
Plan Review and Appearance Board with respect to the site plan
for the Public Beach Parking Lot located on the west side of A1A,
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north of Atlantic Avenue, and accept the balance of the actions
and decisions made by the Planning and Zoning Board, Site Plan
Review and Appearance Board and the Historic Preservation Board
during the period March 17-28, 1997.
The City Manager stated that a number of residents who
reside in the condominium to the north appeared before the Site
Plan Review and Appearance Board of March 19, 1997. In response
to their concerns, SPRAB imposed a condition that a gate be
installed on the Public Beach Parking Lot. He pointed out that
the residents requested that the gate be closed at night. The
City Manager stated that the matter needs to be addressed now
rather than postponed and recommended that the item be appealed.
Mr. Randolph asked if additional staff would be needed
to monitor the operation of this gate?
The City Manager explained that the other parking lots
at the public beach are all gated and locked at night but this
particular parking lot is used in the evenings and is not locked.
Because of its close proximity to businesses located on A-1-A and
East Atlantic Avenue, it is recommended that this parking lot not
be locked at night but remain available for customers.
Mr. Randolph moved to appeal SPRAB Item # 10 relative
to the conditions of approval for the Public Beach Parking lot to
the Regular Meeting of April 18, 1997, and accept the balance of
the actions and decisions contained in the report, seconded by
Mr. Egan. Upon roll call the Commission voted as follows: Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5
to 0 vote.
9.C. REQUEST FOR ADDITIONAL FUNDING/LEE'S CROSSING: Consid-
er a request from Four Waves Enterprises, Inc. for an additional
funding contribution toward the cost of off-site improvements at
the Lee's Crossing development located on the west side of
Gallagher Road, west of and adjacent to the Kingsland Pines
subdivision.
The City Manager stated that the developer has agreed
to pay 1/3 of the costs for off-site improvements up to
$33,333.00. The costs ended up being considerably more than the
developer had anticipated. Staff recommends that the request not
be granted; but, review and inspection fees could be refunded
because the code has since changed to impose a lesser fee.
Gerald B. Church, P.E., Engineer for the project,
stated that the City took the position that the developer would
pro rate the costs based upon the number of lots developed in the
development, compared to the number of lots which would be served
off-site. Originally, it was anticipated that 54 or 55 lots
would be developed; whereas, 57 lots were actually developed. He
pointed out that the City was going to benefit from the installa-
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tion of sewer services to 26 homes on Franwood Drive for poten-
tial hookups. Mr. Church explained that after reviewing the
possibilities of improvements, it turned out that some changes
could be made such as the sewer line could be placed in the
grassed parkway area and the number of connections across the
road could be minimized. The result determined that the estimat-
ed cost for construction is $85,000 with $15,000 allocated for
soft costs (includes engineering fee, permits and City fees and
surveying costs). The actual total costs to the developer
resulted in $131,700.00 for hard costs and $22,300.00 for the
soft costs. The total out of pocket costs for the project
amounted to $154,000.00. Based upon the original intent of the
agreement for prorating the costs based upon the number of lots
served, the City's share would be $48,000.00 and the developer's
share $106,000.00.
Mayor Alperin asked who was responsible for estimating
the cost of the project?
In response, the City Manager stated that it was the
the responsibility of the developer's engineer.
Mayor Alperin noted that when City staff makes a
miscalculation, the City covers the error and pays for it. He
emphasized that he had a problem with accepting responsibility of
someone else's error. Since the change was partly due to Palm
Beach County's requirements for asphalt overlay of Franwood Drive
and the redesign of the intersection, Mayor Alperin suggested
that the developer should ask the County for that funding.
Upon question by Mr. Randolph, the City Manager ex-
plained that the County had imposed some additional requirements
which were not anticipated in the initial design and estimates.
Mr. Church explained that a developer has to apply for
a permit from the County to get permission to put any utilities
within their rights-of-ways. When the permit was approved for
this project, it was subject to the resurfacing of Franwood
Drive. Anticipated costs for the project totaled $113,000.00 and
the hard cost of $85,000 was resolved between both parties. Mr.
Church noted that it was the best that could be done in terms of
trying to minimize costs, when in reality the project turned out
to be more expensive.
Mr. Ellingsworth moved to sustain the recommendation of
the City Manger to deny the request for additional funding, with
the 5% Review and Inspection fees, Building Department processing
fees for off-site improvements to be refunded to the developer,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - No; Mr. Schmidt - No; Mr. Egan - Yes. Said motion
passed with a 3 to 2 vote.
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Prior to roll call, the City Manager clarified that the
5% Review and Inspection fees, as well as the Building Department
processing fee, could be refunded for the off-site improvements
as recommended by the City's Engineer.
9.D. REQUEST FOR FUNDING/SPADY HOUSE PLANNING SERVICES:
Consider a request from the Community Redevelopment Agency for
funding in the amount of $10,000 for planning services for the
Spady House.
The City Manager stated that the Commission had previ-
ously authorized $10,000 for planning services for the Spady
House with the CRA pledging a match of $10,000.00. The monies
were to match a State grant; however, the State grant was not
approved and the applicant (CRA) would like to proceed in the
next grant cycle for the Special Category grant. In order to do
that some preparatory work needs to be done. The CRA requests
that the City make the monies available so that their match of
$10,000.00 will enable the CRA to prepare a Special Category
grant application. Since the City has not been given either a
budget or a detailed work program, the City Manager recommended
making the $10,000.00 available but the contracts entered into
and the expenditures involved are subject to approval by the City
Manager.
Mr. Randolph moved to approve $10,000.00 for planning
services for the Spady House and that all contracts entered into
and expenditures be subject to advance approval by the City
Manager, seconded by Mr. Egan. Upon roll call the Commission
voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 5 to 0 vote.
9.E. PARKING MANAGEMENT TEAM (PMT) CONSULTANT: Consider
hiring parking consultant, John D. Edwards, to update the study
the City and the CRA prepared in 1992 for strategic planning of
the City's downtown parking. Funding is available from parking
trust funds (Account No. 115-0000-248-0100).
Janet Onnen, Chair of the Parking Management Team,
pointed out that the term "update" is misleading. She explained
that PMT's concept is to actually hire the parking consultant two
times. Initially, the parking consultant will review downtown
parking during peak times. He will be informed of the history
of downtown parking and will discuss parking issues with City
officials and City staff. Secondly, after digesting this infor-
mation the parking consultant will return to the City to hold a
"downtown parking" town meeting at which time he will answer
questions relating to parking problems in the downtown area. As
a result of this meeting, the PMT will be able to prioritize the
way parking issues should be handled.
As the Commission's liaison for the Parking Management
Team, Mr. Egan stated that he fully supports three specific
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issues endorsed by the Joint Venture: 1) upgrade of existing
parking study to take into account changes of the last two years;
and, 2) analysis of need of parking meters, garage, and purchase
of property for parking lots. Mr. Egan emphasized that he will
be looking for very specific advice from the parking consultant.
Mr. Egan moved to approve the hiring of parking consul-
tant, John D. Edwards, for the study which the City and the CRA
prepared in 1992 for strategic planning of the City's downtown
parking, in the amount of $3,850.00 from the Parking Management
Trust Fund, seconded by Mr. Randolph. Upon roll call the Commis-
sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes;
Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes.
Said motion passed with a 5 to 0 vote.
9.F. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a
regular member to the Civil Service Board for a two year term
ending April 1, 1999. The appointment will be made by Commis-
sioner Egan (Seat #2).
Mr. Egan moved to reappoint Robert P. Ferrell (incum-
bent), as a regular member to the Civil Service Board to a term
ending April 1, 1999, seconded by Mr. Ellingsworth. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 5 to 0 vote.
At this point, the Commission considered the comments
and inquiries on Non-Agenda Items portion of the Agenda.
11. Comments and Inquiries on Non-Agenda Items from the
Public - Immediately followinq Public Hearings.
ll.A. City Manager's response to prior public comments and
inquiries.
The City Manager stated that two citizens had expressed
concerns regarding pedestrian and vehicular traffic on S.W. 8th
Street and S.W. 10th Avenue. He pointed out the reason for
pedestrian traffic is that there is a broken perimeter fence
bordering the cemetery which belongs to the Carver Estates public
housing project. Carver Estates has cited several types of
illegal activities as the main problem. Dorothy Ellington,
Interim Executive Director for the Housing Authority, has in-
formed staff that bids were opened last week for new fencing to
be installed along the south perimeter, including a portion of
the eastern perimeter of the project. The cost for the new
fencing is $54,000.00 and the bid will be on the agenda for
approval by the Housing Authority Board at its next meeting on
April 8, 1997. The contract must then be reviewed and approved
by HUD's Coral Gables office prior to the issuance of a Notice to
Proceed. The City Manager stated that the work is expected to
take approximately 30 days for completion.
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In response to a concern expressed regarding swales on
S.W. 10th Street, the City Manager stated that the problem seems
to be associated with pedestrians and from people tossing litter
from their cars, etc. This area has been incorporated into the
City's Anti-Litter Program and the area will be cleaned every two
weeks. In addition, the City will continue to address individual
properties separately for violations.
In response to a complaint regarding the appearance of
Congress Avenue between Lake Ida Road and Atlantic Avenue, the
City Manager reported that staff inspected the properties in this
area on March 31, 1997. He noted that vacant properties are
periodically cited for overgrowth conditions and Palm Beach
County mows the right-of-way. There are several vacant proper-
ties that are close to having ground vegetation overgrowth and
the City will issue violation notices as necessary. Also, that
trimming of hedges is a part of the nuisance abatement action
taken when overgrowth of groundcover occurs.
The City Manager pointed out that the Parks and Recrea-
tion Department has identified a problem with the perimeter
fencing at the cemetery. The fence borders homes along the west
property line of the cemetery and a church to the north; S.W. 8th
Street to the east; and, S.Wo 10th Street to the south. There
are no breaks in the fencing on the west property line. The
cemetery has a gate which allows access to an easement between
the cemetery and Delray Beach Heights. This gate is left open
during the day because of the number of children who use the
cemetery as a shortcut. Since this gate has been opened, it has
been cut and the cemetery vandalized numerous times. The City
Manager stated this type of activity will probably resume if the
gate is locked during operating hours. In conclusion, he noted
that staff has been directed to assure that the gate is locked at
the end of the day.
11.B. From the Public.
11.B.1. Helen Coopersmith, 1222-D South Drive Way, stated that
many people in attendance this evening are present for specific
reasons; however, there are also people present who just like to
hear what is happening in their City. Ms. Coopersmith complained
about not being able to hear what is happening on the dais and
suggested that the microphone system be checked.
11.B.2. Jean Beer, 945 Tropic Boulevard, requested that the
Commission take a good look at the medium density land use
regulations as she felt something should be done in order to
create more open space. She pointed out that new developments
are being built which comply with the City's regulations; howev-
er, there are many zero lot line and high density multi-family
developments which do not provide sufficient room for children to
play. Ms. Beer compared Palm Beach County's medium density land
use regulations of 6 dwelling units/acre to the City's medium
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density requirements of 6-12 dwelling units/acre and emphasized
that there is a big difference between the two.
11.B.3. Alice Finst, 707 Place Tavant, expressed concern of the
the code enforcement situation in the City, as commercial proper-
ties which were supposed to "clean up their act" last year have
not been brought into compliance. She suggested that Code
Enforcement staff should check the area of West Atlantic Avenue
west of the CSX railroad tracks. Also, that all commercial
properties to the western City limits be checked by staff for
compliance. Ms. Finst emphasized the importance of this area
looking as nice as the area east of the CSX railroad tracks.
11.B.4. Bernie Burkoff, resident of Rainberry Lakes and a
member of the United Property Owners stated that he has been
coming to meetings for many years. He felt the sound system has
never been adequate; is not working properly and that it should
be fixed.
11.B.5. Joe Kamarata, 764 Avocet Road, complimented the Commis-
sion for the way they handled the issue of security bars.
11.B.6. Gerald DeFoe, 142 Mockingbird Lane, reemphasized Ms.
Beer's comments regarding the insufficient amount of open space
for young children to play. He stated that on Monday, March 31,
1997, the County Commission approved more developments west of
Delray Beach and these new developments will heavily impact the
roadways within the City.
At this point, the time being 7:00 p.m., the Commission
moved to the duly advertised public hearings portion of the
agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 13-97: (SECOND READING AND SECOND 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. 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. 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
AND TOWER FACILITIES THROUGH JUNE 15, 1997;
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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.
Helen Coopersmith spoke in support of extending the
moratorium and indicated that many of the residents of the City
also support the moratorium.
There being no one else to address the Commission on
this issue, the public hearing was closed.
Mr. Ellingsworth stated that he has received several
calls from residents concerning the possibility of making this
extension longer than 90 days.
Since the City has already had a 90 day moratorium, the
City Attorney strongly recommended that the City adhere to the
proposed schedule, as the longer the moratorium the more subject
the City is to a challenge.
The City Manager noted that there is an on-going effort
at the Federal level to entirely outlaw moratoriums because some
municipalities have imposed rather lengthy ones. He agreed with
the City Attorney that a shorter timeframe should be considered.
Mr. Egan moved to adopt Ordinance No. 13-97 on Second
and FINAL Reading, seconded by Mr. Randolph. Upon roll call the
Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes.
Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 15-97: An ordinance rezoning a parcel of
land known as the Sned property from CF (Community Facilities)
District in part (38.56 acres), and RR (Rural Residential)
District in part (6.38 acres), to RM-7 (Medium Density Residen-
tial - 7 dwelling units/acre) for Coral Trace, a proposed 284
unit multiple family development. The subject property is
located north of West Atlantic Avenue, between the High Point and
Sudan Subdivisions. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time. QUASI-JUDICIAL HEARING
The City Manager presented Ordinance No. 15-97:
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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-
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)
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.
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, Planning Director, entered into the
record the Planning and Zoning Department's file on this project
and a listing of pertinent documents. The request is a change in
rezoning for property that is approximately 45 acres. The change
is from a combination of Community Facilities and Rural Residen-
tial zoning to RM-7 (Medium Density Residential) which will allow
multi-family dwelling units up to a density of 7 units/acre. The
underlying land use designation for this property is Medium
Density Residential which will allow a range of 5-12 dwelling
units/acre. The requested zoning of RM-7 is consistent with the
land use designation as the surrounding properties are a combina-
tion of single and multiple family. Ms. Dominguez noted that the
Planning and Zoning Department is currently processing a site
plan and a plat for development of this property. It proposes
284 dwelling units, which is a combination of duplexes and
quadraplexes, with access from Atlantic Avenue, west of Temple
Sinai.
The rezoning will not have an impact on services as the
demand for services will be similar to that of the current zoning
and in many cases, less could be expected with the underlying
medium density land use designation. The Planning and Zoning
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Board considered this item at its meeting of March 17, 1997 and
unanimously recommended approval.
William H. Shed, applicant, stated he had acquired this
property three years ago and that it was originally planned as a
high school site. He noted the proposed density of 6-12 dwelling
units/acre is the lowest density he would consider and still make
the project work. After meeting with representatives of High
Point, Mr. Sned found them to be very cooperative; however, they
wanted assurance that the area was to be fenced. He noted there
will be a 20' buffer zone for the majority of the project between
Coral Trace and High Point. Mr. Sned also met with the Sudan
Neighborhood Association and found them to be very positive. In
conclusion, the applicant felt the project will have little
impact on the surrounding neighborhood and it will be of benefit
to the City.
The following individuals spoke in opposition:
Gerald Fillippi, Vice-President of the Board of Direc-
tors of High Point Section IV, stated that High Point does not
object to the rezoning; however they were concerned for the
safety of the residents of High Point. Although there will be a
20' buffer zone, the residents will also like a 8' chain link
fence in back of the proposed building abutting High Point
Section IV, III and part of II. If possible, they would like a
fence of the same height for the roadway from the development
abutting Atlantic Avenue. Mr. Fillippi noted that the Planning
and Zoning staff had informed him that only a 6' fence would be
allowed. Although fencing is an issue to be discussed during
site planning, Mr. Fillippi requested that the fences be land-
scaped with ficus hedge and maintained by the Coral Trace devel-
oper and/or the homeowners association.
Helen Coopersmith addressed the Commission opposing the
rezoning proposal. She felt there is an abundance of retirement
communities in the City and that we should focus attention to
promoting new developments for young families. She pointed out
that years ago the Planning and Zoning Board had reviewed site
plans issues and suggested that this board again review site
plans (rather than Site Plan Review and Appearance Board).
There being no one else who wished to give testimony on
this item, the public hearing was closed.
Mayor Alperin asked the Planning Director if it was
possible to have less than 6 dwelling units/acre in the RM land
use designation? Also, is it possible to have R-1-A or R-I-AA in
the RM land use designation?
In response, Ms. Dominguez stated that it was possible
to have R-1-A zoning; however it may not be consistent. It might
be possible to get 5 dwelling units/acre for some of the R-1-A
zonings with zero lot lines. After a quick reference to the Land
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Use Regulations, Ms. Dominguez confirmed that all single family
zoning districts are consistent with the medium density land use.
At this point, long discussion ensued regarding the
issue of density in the RM land use designation.
Mayor Alperin felt that the development proposal was
not compatible to that which is currently allowed; that the
project is not conducive to what we are trying to do in our City;
and, that the density is too high. He expressed concerned that
the City is going in the wrong direction and we need to constant-
ly look for any improvements with respect to residential proper-
ties. Mayor Alperin expressed concern that this development will
increase traffic volume on Atlantic Avenue. In conclusion, Mayor
Alperin felt that there were many problems with this development
and that the project is totally incompatible with the surrounding
properties.
The Planning Director emphasized that "compatibility"
means that a project can coexist with other zonings as a means of
transition. This particular development is owner occupied; has
relatively low density; and, the development will be gated. In
conclusion, Ms. Dominguez felt that the development proposal is
definitely compatible with surrounding properties.
The City Manager pointed out that there is little
vacant land remaining in the City. If the Commission prefers not
to have more medium density residential developments, then we
need to consider changing the Comprehensive Plan.
Since the Commission is considering a specific proposal
this evening, Commissioners Randolph and Egan felt this is not
the appropriate time to discuss whether we like or dislike the
density. The developer is present this evening and is bound with
the zoning and density which is allowed. It is hard at this
point to say that we don't really want this now, and this is the
the quandary we are facing. If we need to change something, we
need to change it before a developer gets to this stage.
Mr. Schmidt moved to adopt Ordinance 15-97 on Second
and FINAL Reading, seconded by Mr. Egan. Upon roll call the
Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan -
Yes. Said motion passed with a 4 to 1 vote.
10.C. ORDINANCE NO. 16-97: 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 amending LDR Appendix A, "Definitions", to provide a defini-
tion for the term "security/burglar bars" Prior to considera-
tion 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. 16-97:
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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 OF
STRUCTURES 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 APPROPRI-
ATE 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
INDUSTRIAL ZONING DISTRICTS; AMENDING APPEN-
DIX A, "DEFINITIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH TO
PROVIDE FOR A DEFINITION FOR THE TERM "SECU-
RITY BARS/BURGLAR BARS"; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 16-97 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 Myers, owner of The Good Life located on N.E. 2nd
Avenue, opposed amending the ordinance. He objected to the total
concealment of a building by security bars because businesses
need to be visible from the exterior.
The public hearing was closed.
Mr. Ellingsworth stated that he has many problems with
the ordinance as written and could not support it at this time.
He pointed out that the ordinance does not address by whom and by
what methods those businesses will be approved (or not approved).
Since the ordinance does not exempt those businesses that have
already received approval from City boards, Mr. Ellingsworth
expressed concern that those businesses will be inconvenienced
and that the City should address only those businesses which have
security problems.
Mr. Egan moved to approve Ordinance No. 16-97 on Second
and FINAL Reading, seconded by Mr. Alperin. (Mayor Alperin passed
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the gavel to Vice-Mayor Egan in order to second the motion).
Upon roll call the Commission voted as follows: Mr. Randolph -
No; Mayor Alperin - Yes; Mr. Schmidt - No; Vice-Mayor Egan -
Yes; Mr. Ellingsworth - No. Said motion failed to pass with a 3
to 2 vote.
12. FIRST READINGS:
12.A. ORDINANCE NO. 17-97: An ordinance annexing a 3.58 acre
parcel of land located on the east side of Barwick Road, approxi-
mately 250 feet north of Sabal Lakes Road; providing for a Small
Scale Future Land Use Map amendment from County MR-5 (Medium
Density Residential - 5 Dwelling Units/Acre) to City Medium
Density Residential 5-12 Dwelling Units/Acre, and establishing
initial zoning of RM-8 (Medium Density Residential - 8 Dwelling
Units/ Acre). If passed, a quasi-judicial/public hearing will be
scheduled for April 15, 1997.
The City Manager presented Ordinance No. 17-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO
THE CITY OF DELRAY BEACH, A PARCEL OF LAND
LOCATED ON THE EAST SIDE OF BARWICK ROAD,
APPROXIMATELY 250 FEET NORTH OF SABAL LAKES
ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICI-
PAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING
AN OFFICIAL LAND USE DESIGNATION OF MEDIUM
DENSITY RESIDENTIAL 5-12 DWELLING UNITS/ACRE
FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING
TO PROCEED UNDER THE SINGLE HEARING ADOPTION
PROCESS FOR SMALL SCALE LAND USE PLAN AMEND-
MENTS; PROVIDING FOR THE ZONING THEREOF TO
RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING
UNITS/ACRE); PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 17-97 is on file in the official
Ordinance Book)
Mr. Schmidt commented that the Medium Density Residen-
tial land use designation is inappropriate with neighboring
single family residential along Barwick Road.
Mr. Egan moved to approve Ordinance No. 17-97 on FIRST
Reading, based upon the findings and recommendation of the
Planning and Zoning Board, seconded by Mr. Ellingsworth. Upon
roll call the Commission voted as follows: Mayor Alperin Yes;
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Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
12.B. ORDINANCE NO. 18-97: An ordinance providing for a
Small Scale Future Land Use Map amendment from Transitional to
General Commercial for the Paton/Levy property located at the
northeast corner of South Federal Highway and Avenue "G". If
passed, a public hearing will be scheduled for April 15, 1997.
The City Manager presented Ordinance No. 18-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, CHANGING THE
FUTURE LAND USE MAP DESIGNATION IN THE
COMPREHENSIVE PLAN FROM TRANSITIONAL TO
GENERAL COMMERCIAL, FOR A PARCEL OF LAND
KNOWN AS THE PATON/LEVY PROPERTY LOCATED AT
THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY
AND AVENUE G, AS THE SAME IS MORE PARTICULAR-
LY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS; PROVID-
ING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 18-97 is on file in the official
Ordinance Book)
Mr. Randolph moved to approve Ordinance No. 18-97 on
FIRST Reading, as recommended by the Planning and Zoning Board,
seconded by Mr. Ellingsworth. Upon roll call the Commission voted
as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth
- Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 5 to 0 vote.
12.C. ORDINANCE NO. 19-97: An ordinance rezoning the Pa-
ton/Levy property from POD (Professional and Office District) and
RM (Medium Density Residential) to SAD (Special Activities
District) for Fronrath vehicle sales, rental and leasing facili-
ty. The subject property is located at the northeast corner of
South Federal Highway and Avenue "G" If passed, a quasi-judi-
cial/ public hearing will be scheduled for April 15, 1997.
The City Manager presented Ordinance No. 19-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED POD (PROFESSION-
AL AND OFFICE DISTRICT) IN PART, AND RM
(MEDIUM DENSITY RESIDENTIAL) IN PART, ENTIRE-
LY INTO AN S.A.D. (SPECIAL ACTIVITIES DIS-
TRICT) ZONING CLASSIFICATION; SAID PROPERTY
LOCATED NORTH OF AVENUE G AND SOUTH OF AVENUE
F EAST OF FEDERAL HIGHWAY (US 1) AND WEST OF
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FREDERICK BOULEVARD AND, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING A SAVING CLAUSE,
A REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 19-97 is on file in the official
Ordinance Book)
Mr. Egan moved to approve Ordinance No. 19-97 on FIRST
Reading, as recommended by the Planning and Zoning Board, second-
ed by Mr. Randolph. Upon roll call the Commission voted as
follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph
- Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Said motion
passed with a 5 to 0 vote.
12.D. ORDINANCE NO. 20-97: An ordinance amending Section
132.09, "Skateboarding and the Like Prohibited", of the City Code
to provide for the prohibition on the use of skateboards in
Veteran's Park. If passed, a public hearing will be scheduled
for April 15, 1997.
The City Manager presented Ordinance No. 20-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 132.09, "SKATEBOARDING AND THE LIKE
PROHIBITED", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, TO PROVIDE FOR THE
PROHIBITION ON THE USE OF SKATEBOARDS IN
VETERAN'S PARK; RELETTERING SUBSECTION (B) TO
SUBSECTION (C); PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
(Copy of Ordinance No. 20-97 is on file in the official
Ordinance Book)
Mr. Randolph moved to approve Ordinance No. 20-97 on
FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis-
sion voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph -
Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said
motion passed with a 5 to 0 vote.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
The City Manager had no comments.
13.B. City Attorney.
The City Attorney had no comments.
13.C. City Commission.
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13.C.1. Mr. Egan had no comments or inquiries.
13.C.2. Mr. Ellingsworth had no comments or inquiries.
13.C.3. Mr. Randolph had no comments or inquiries.
13.C.4. Mr. Schmidt asked the City Attorney to provide him with
a copy of legal decisions with respect to land use actions not
requiring quasi-judicial hearings.
13.C.5. Mayor Alperin had no comments or inquiries.
There being no further business, Mayor Alperin declared
the meeting adjourned at 8:00 P.M.
- City~ -Cler~k /
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 April 1, 1997
which minutes were formally approved and adopted by the City
Commission on ~/L~ /~, 7~7 ·
City ~le'r~ / Y
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.
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