05-20-97 MAY 20, 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., Tuesday,
May 20, 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 - Assistant City Manager
Robert A. Barcinski and
City Attorney Susan A. Ruby
2. The opening prayer was delivered by Reverend 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 9.F., "Nuveen"
Tennis Tournament, to the regular agenda by addendum.
Assistant City Manager Barcinski noted a minor correc-
tion to the cover memorandum for Item 8.D., Addendum to Interlo-
cal Bulk Water Agreement/Town of Highland Beach. The surcharge
percentage in the 2nd paragraph should read 25%, not 24% as
printed.
Mr. Ellingsworth moved to approve the agenda, as
amended, seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr.
Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
Said motion passed with a 5 to 0 vote.
5. Approval of Minutes:
Mr. Ellingsworth noted that with respect to Item 9.A.,
Appeal of Site Plan Review and Appearance Board Decision, on the
May 6, 1997, agenda, the minutes correctly indicate that Commis-
sioner Schmidt stepped down during consideration of this item.
However, on the vote for the motion to reject the appeal filed by
Kathryne B. Stokes, Mr. Schmidt's name is included in the roll
call when, in fact, he did not vote on the item.
Mr. Egan moved to approve the Minutes of the Regular
Meeting of May 6, 1997, with the correction to Item 9.A. at page
15 of said minutes, seconded by Mr. Schmidt. 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.
6. Proclamations: None
7. Presentations:
7.A. State Senator Ron Klein - Update from Tallahassee.
Senator Klein briefly summarized the actions taken
during the 1997 legislative session. The session ended on time
and without any change to Florida's tax structure, so there are
no new taxes. In terms of specific things affecting Palm Beach
County, two things were done concerning the turnpike system. The
first is that a provision was put into the statutes that 90% of
the tolls generated in Dade, Broward and Palm Beach Counties will
stay in the tri-county area. This is significant because this
area generates 45% of the total tolls, but much of that money had
ended up going to other parts of the system in the central and
northern parts of the state. The second thing, in terms of
trying to decrease the cost to people who use the system as
commuters, there is going to be a 10% rollback this year as the
new 'Sun Pass' system is installed. This is a computerized
system that will be collecting tolls. This will be followed by a
20% rollback to the existing toll structure the next year.
Senator Klein continued that much more money was put
into education in terms of education operation, but he felt the
legislature had failed significantly in terms of doing anything
about school overcrowding. This continues to be a major issue
for about eleven out of 67 counties, and the Governor has already
indicated that he will be calling a special session in the fall
to deal specifically with school overcrowding. Senator Klein
felt that this issue should be dealt with on a county by county
basis. He does not feel there is support for establishing a
broad tax structure on a statewide basis since many of the
counties are not impacted by this issue. A way of dealing with
it on a local basis would be to insure that if money is collected
locally, that the money stays here. He further commented that we
will probably have to deal with this on a local basis through
some sort of sales tax or bond issue. He felt we would need to
deal with some of the growth issues at the same time, and that
there would also need to be some type of independent, oversight
board to ensure that the money is spent properly, outside of the
School Board authority.
Senator Klein stated that Palm Beach County did get its
usual fair share of cultural arts funding. There was nothing
this year for the Old School Square property, but there continues
to be a lot of good funding for the cultural arts and beach
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restoration and things like that. Palm Beach County did get its
fair share of educational funding, as it goes, for the Kindergar-
ten through Grade 12 system. One other thing was the passing of
a bill having to do with drug-free zones around day care centers.
There are already laws in place for drug-free zones in the areas
1,000 feet from our schools, but as more and more parents are
working and more and more children are spending time in day care
centers, it has been found that there is also illicit drug
activity occurring at these locations. The statute was amended
to do two things: (1) create drug-free zones around day care
centers and (2) drug-free zones around houses of worship.
Senator Klein concluded by stating that his office is
developing a summary of some of the appropriations issues that
affected Palm Beach County. A copy will be sent to the Mayor's
office for distribution. Senator Klein asked for questions or
comments.
In response to question from Mayor Alperin, Senator
Klein stated that the penalty for selling drugs in a drug-free
zone is enhanced somewhat over that which would be imposed for
the sale of drugs alone. One other thing to mention in terms of
penalties in Florida, over the last few years there has been a
prison-building effort and we are now at the point where there is
adequate capacity. During the past session a law was passed that
anybody who is convicted today of a crime will serve 100 percent
of their sentence. They can get as much as a 15% discount for
good behavior and various other things, but they will serve not
less than 85% of their time.
On question from Mr. Randolph about any relief for the
heavy truck traffic on 1-95, Senator Klein discussed the efforts
made in conjunction with FDOT to relieve the situation, including
a one year test of a substantially reduced toll structure on the
turnpike for trucks. The result was that some did move to the
turnpike, but many trucks on short hauls, and particularly those
delivering goods in the eastern areas, have stayed on 1-95
because it is easier for them to make their runs. The other
thing that statistics seem to show is that although the truck
traffic certainly makes it more dangerous, a lot of the accidents
are caused by passenger cars speeding and weaving in and out of
traffic. Senator Klein noted that the state entered into cooper-
ative agreements with municipalities along 1-95 to try to provide
more enforcement and this seems to be showing some results.
Mr. Randolph commented that he feels it creates a
dangerous situation to allow the trucks in the center lane since
it is sometimes difficult for passenger cars to see around them.
He feels they should be restricted to the left hand lane.
Senator Klein noted that one suggestion mentioned has
been to convert the HOV lanes to truck lanes. They would still
have to move in and out, but at least they would be confined to
one lane.
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On question from Mayor Alperin on the success of going
from the ticket system to the toll booths on the turnpike,
Senator Klein stated that there has been some cost savings and it
has moved traffic at a faster pace when going from point to
point. He felt the 'Sun Pass' system, which is basically a
scanner, would eventually alleviate the traffic. It will soon be
installed in the Dade, Broward, Palm Beach tri-county corridor as
the test site.
8. CONSENT AGENDA: City Manager recommends approval.
8.A. RESOLUTION NO. 41-97 (ABANDONMENT OF A PORTION OF MIAMI
BOULEVARD) & ACCEPTANCE OF EASEMENT DEEDS: Adopt a resolution
abandoning a portion of the right-of-way for Miami Boulevard
located south of S.E. 10th Street within the Silver Terrace
subdivision based upon positive findings, and accept easement
deeds for existing utilities.
The caption of Resolution No. 41-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE RIGHT-OF-WAY FOR
MIAMI BOULEVARD AS DEDICATED ON THE PLAT OF
SILVER TERRACE, RECORDED IN PLAT BOOK 11, AT
PAGE 61 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, AS MORE PARTICULARLY DE-
SCRIBED HEREIN, SUBJECT TO ACCEPTANCE OF AN
EASEMENT DEED FOR PUBLIC UTILITIES.
(Copy of Resolution No. 41-97 is on file in the offi-
cial Resolution Book)
8.B. RESOLUTION NO. 42-97 (ABANDONMENT OF DAVIS ROAD PROPER-
TY): Adopt a resolution abandoning a portion of the Davis Road
property located north of West Atlantic Avenue, beginning at the
northwest intersection of the Lake Worth Drainage District Canal
E-4 and Lateral Canal L-33, and extending northward approximately
774 feet, based upon positive findings and subject to conditions.
The caption of Resolution No. 42-97 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING A PORTION OF THE DAVIS ROAD
PROPERTY, LOCATED NORTH OF WEST ATLANTIC
AVENUE AT THE NORTHWEST INTERSECTION OF THE
LAKE WORTH DRAINAGE DISTRICT CANAL E-4 AND
LATERAL CANAL L-33, AS MORE PARTICULARLY
DESCRIBED HEREIN, AND RESERVING AND RETAINING
TO BOTH THE LAKE WORTH DRAINAGE DISTRICT AND
THE CITY OF DELRAY BEACH A UTILITY AND
MAINTENANCE EASEMENT OVER THE EASTERLY 24
FEET OF SAID DAVIS ROAD PROPERTY, AS MORE
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PARTICULARLY DESCRIBED HEREIN, AND RESERVING
AND RETAINING A UTILITY EASEMENT FOR THE
PUBLIC OR PRIVATE UTILITIES LOCATED WITHIN
THE ABANDONED DAVIS ROAD PROPERTY, AND
SUBJECT TO THE RECEIPT AND ACCEPTANCE OF A
DEED FROM STANLEY G. TATE, TRUSTEE, FOR THE
WESTERLY 60 FEET OF THE TATE PROPERTY FOR
ROAD RIGHT-OF-WAY PURPOSES, AND SUBJECT TO
THE TERMS OF THE ACCESS AGREEMENT.
(Copy of Resolution No. 42-97 is on file in the offi-
cial Resolution Book)
8.C. DELRAY FULL SERVICE CENTER AGREEMENT: Approve an
agreement between the School Board of Palm Beach County and the
City for the services of a Delray Police Officer at the Delray
Full Service Center for the period July 1, 1997 through June 30,
1998.
8.D. ADDENDUM TO INTERLOCAL BULK WATER AGREEMENT/TOWN OF
HIGHLAND BEACH: Approve an Addendum to Interlocal Agreement
between the City and the Town of Highland Beach relative to the
terms of the agreement regarding sale of water from the City to
Highland Beach.
8.E. AMENDMENT TO DECLARATION OF CONDOMINIUM - BLOCK 60
PARKING CONDOMINIUM: Approve the Amendment and Restatement of
the Declaration of Condominium of Block 60 Parking Condominium to
expand the original parking condominium on Lots 5 and 6 to
include additional spaces on Lots 3, 4 and 10 in Block 60.
8.F. WATER MAIN CONSTRUCTION AGREEMENT/VILLAS D'ESTE:
Approve an Agreement for Construction of Water Main at Villas
D'Este wherein the City agrees to be the named permit applicant
for construction of a water main along West Atlantic Avenue
within Florida Department of Transportation right-of-way.
8.G. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/JOINT
PARTICIPATION AND FUNDING: Approve an Interlocal Agreement with
Palm Beach County for the funding of a joint construction
project; utility relocations on Military Trail between Clint
Moore Road and West Atlantic Avenue, in the amount of $128,110
from 440-5179-536- 69.20, through budget transfer from
440-0000-361-10.00.
8.H. PALM BEACH COUNTY RIGHT-OF-WAY ACQUISITION: Approve
Palm Beach County's acquisition of a portion of a City-owned
parcel at Lift Station 60A for right-of-way in conjunction with
the County's widening of Military Trail between Clint Moore Road
and West Atlantic Avenue.
8.I. RESOLUTION NO. 40-97: Adopt a resolution assessing
costs for abatement action required to remove nuisances on 12
properties throughout the City.
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The caption of Resolution No. 40-97 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. 40-97 is on file in the offi-
cial Resolution Book)
8.J. 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 May 5 through May 16, 1997.
8.K. AWARD OF BIDS AND CONTRACTS:
1. Bid award to Tomasso's Pizza for the summer camp
lunch program, in the estimated amount of $35,802
from 115-4924- 572-49.90 through budget transfer
from 115-0000-334-71.00; reimbursable from the
State Department of Education.
2. Bid award to Chaz Equipment Company, Inc. for the
Roosevelt Avenue drainage improvements between
Lake Ida Road and N.W. 3rd Street, in the total
amount of $294,189.25. Funding in the amount of
$93,969 is available from 228-3160-541-61.39;
$67,234 from 334-3162-541-61.17, $119,186.25 from
448-5411-538-63.63, and $13,800 from
441-5161-536-63.63, through various budget trans-
fers.
3. Purchase award to H.T.E., sole source provider,
for the Applicant Tracking Software System, in the
amount of $16,250; $15,000 from 1996/97 budget
%001-1311-512-66.10, and $1,250 from the 1997/98
budget.
4. Purchase award to Gateway 2000 via Florida State
Contract for 4 pentium pro processors computer
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hardware for the Fire Department, in the amount of
$10,444 from 334-6112- 519-64.11.
Mr. Ellingsworth moved to approve the Consent Agenda,
seconded by Mr. Egan. Upon roll call the Commission voted as
follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion
passed with a 5 to 0 vote.
9. REGULAR AGENDA:
9.A. RIGHT OF ENTRY EASEMENT AGREEMENT WITH PETER AND KAREN
ROSSEN (SEASAGE DRIVE STORMWATER FACILITIES) & PURCHASE ORDER TO
RAY QUALMANN MARINE CONSTRUCTION: Consider approval of a right
of entry easement agreement with Peter A. and Karen J. Rossen for
a six foot easement on the north side of Lot 11, Block 16,
Seagate Section "A" to accommodate the construction and mainte-
nance of a stormwater line from the Seasage Drive pump station to
the outfall structure on the east side of the Intracoastal
Waterway, at a cost of $5,000 cash plus approval of a purchase
order in the amount of $17,150 to Ray Qualmann Marine Construc-
tion; with funding in the total amount of $22,150 from
448-5411-538-62.35.
David Tolces, Assistant City Attorney, explained that
about one year ago the City Commission authorized eminent domain
proceedings to acquire a 6 foot easement on the subject property.
Due to the condition of the existing stormwater line, it is
necessary to install a new stormwater line on the north side of
the Rossen property. The City needs an additional 6 foot ease-
ment adjacent to the current 6 foot easement to accomplish the
construction and maintenance of the line. Through negotiations
with the property owner, the proposed agreement has been reached.
Mr. Tolces stated that there is an item to be added to the
agreement. Typically, when the City contracts for construction
of a seawall, there is a one year guarantee period. That one
year guarantee period will apply to this agreement as well, but
we are also going to get a release from the property owner saying
that after the one year period expires, the owner will not hold
the City responsible for any of the costs to repair or maintain
the seawall other than that portion of the seawall that is within
the City's easement. Mr. Tolces stated that he had spoken with
the property owner and he is agreeable to this release as long as
we can work out language that is acceptable to the City Attorney.
Mr. Egan moved to approve the right of entry easement
agreement, including the one year guarantee provision and release
from the property owner, and a purchase order in the amount of
$17,150 to Ray Qualmann Marine Construction, seconded by Mr.
Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan
- Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0
vote.
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9.B. FUNDING FOR SISTER CITY GIFT: Consider funding approv-
al to cover the cost of the proposed gift to the City of Miyazu,
Japan, to commemorate the 20th anniversary of the Sister City
relationship.
Mr. Schmidt proposed that the Commission consider a
total expenditure not to exceed $7,500 to cover both the art work
and the shipping costs.
Mr. Egan moved to approve a maximum expenditure of
$7,500 for the gift and shipping, seconded by Mr. Ellingsworth.
Upon roll call the Commission voted as follows: Mayor Alperin -
Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes;
Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mayor Alperin congratulated Commissioner Schmidt on the
excellent job he did in representing the City Commission with the
Miyazu delegation.
9.C. STREET CLOSURE REQUEST/T.E.D. CENTER GRAND OPENING:
Consider approval of a request from the Technical Enterprise and
Development (T.E.D.) Center to close S.E. 1st Avenue from Atlan-
tic Avenue to S.E. 1st Street on June 12, 1997, between the hours
of 3:30 p.m. and 7:30 p.m.
Mr. Egan noted that the request is for closure of S.E.
1st Avenue from Atlantic Avenue south to S.E. 1st Street.
However, Major Schroeder's recommendation is to allow closure of
the street from Atlantic Avenue to the alleyway.
Mr. Barcinski stated that the event is scheduled for
daytime hours on a Thursday and he felt that Major Schroeder was
probably recommending closure to the alleyway only so as not to
block off access to the parking areas for the consignment shops
at the end of the block. Mr. Barcinski felt that closure could
probably be accommodated to just past the alley which would still
allow access from S.E. 1st Street. He recommended that approval
be granted subject to the discretion of staff in determining the
appropriate boundary for closure.
Mr. Egan moved to approve the closure of S.E. 1st
Avenue for the T.E.D. Center grand opening on June 12, 1997,
subject to staff's discretion as to the appropriate boundary for
closure; seconded by Mr. Randolph. Upon roll call the Commission
voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Elling-
sworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said
motion passed with a 5 to 0 vote.
9.D. FINAL PLAT APPROVAL/CORAL TRACE SUBDIVISION: Consider
approval of the final plat for Coral Trace subdivision, a pro-
posed 282 unit multi-family development located north of West
Atlantic Avenue between the High Point and Sudan subdivisions.
8 5/20/97
The City Attorney stated that this item would be
conducted as a quasi-judicial proceeding which allows for presen-
tations 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.
Richard ~asko, Acting Director of Environmental Servic-
es, stated that there were some technical problems with the plat
as initially submitted. However, the developer and the engineer
responded to staff's comments and have taken care of all the
technical deficiencies on the plat. Mr. Hasko clarified that the
total number of units is 282, which includes 110 duplexes and 172
quadraplexes.
Diane Dominguez, Director of Planning and Zoning,
entered the project file for both the plat and the site plan into
the record. She stated that the Planning and Zoning Board
considered the final plat for Coral Trace at last night's meeting
(May 19, 1997) and unanimously recommended approval.
Ralph DeNuzzio, representing the applicant, reiterated
that all of the technical requirements set forth by staff have
been met and the applicant agrees to all of the conditions of the
plat.
Alice Finst, 707 Place Tavant, spoke in opposition to
the proposed plat. She feels that everything is packed in too
tightly on the site, there is not enough useable open space, and
the amenities provided are insufficient for a project of this
size. From her perspective, the site will be very congested.
Land is very precious here and she felt the Commission could get
a better use of the property.
Bill Shed, the property owner, pointed out that the
land use designation for this particular property is Medium
Density Residential 6 to 12 units per acre. The project is coming
in at a density of 6.3 units per acre which is at the very low
end of the allowable land use so he feels the developer is being
sensitive to the density issue. The project does have staff
approval and the Planning and Zoning Board has also recommended
approval. He urged the Commission to do so as well.
There being no one else who wished to give testimony,
the issue was put to the Commission.
Mr. Schmidt moved to approve the final plat for Coral
Trace Subdivision, seconded by Mr. Egan. 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.
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9.E. EMERGENCY MANHOLE REPAIR AT LIFT STATION ~80: Consider
approval of emergency manhole repair at Lift Station 80 located
on Lake Ida Road at the Lake Worth Drainage District L-31/32
connecting channel; bypass pumping by Intercounty Engineering in
the amount of $7,500, and structure rehabilitation by Chaz
Equipment Company in the amount of $13,319, with funding from
442-5178-536-46.90 through budget transfer from 442-5178-536-
61.36.
Mr. Randolph moved to declare an emergency and approve
the emergency repair at Lift Station 80, 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.
~,F. "NUVEEN" TENNIS TOURNAMENT: Consider a modification to
the proposed agreement to host the "Nuveen" Tennis Tournament at
the Tennis Center on February 18-22, 1998, by deleting the
requirement that $100,000 in sponsor commitments be obtained
before Nuveen will commit to the tournament. (BY ADDENDUM)
Mr. Egan moved to approve the modification to the
agreement for the "Nuveen" tennis tournament, seconded by Mr.
Ellingsworth. Upon roll call the Commission voted as follows:
Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5
to 0 vote.
At this point, the Commission moved to Item 12., First
Readings, on the agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 22-97: An ordinance rezoning a 1.415
acre parcel of land from A (Agricultural) to RM (Medium Density
Residential) District for Fine Construction Co. The subject
property is located on the north side of Old Germantown Road,
east of the Spanish Wells condominium development. If passed, a
quasi-judicial public hearing will be scheduled for June 3, 1997.
The Assistant City Manager presented Ordinance No.
22-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REZONING AND
PLACING LAND PRESENTLY ZONED A (AGRICULTURAL)
DISTRICT IN THE RM (MEDIUM DENSITY RESIDEN-
TIAL) DISTRICT WHICH PROVIDES FOR A DENSITY
RANGE OF FROM 6 UNITS PER ACRE TO 12 UNITS
PER ACRE, WITH THE EXACT DENSITY TO BE
ESTABLISHED BY THE CITY COMMISSION AND
AFFIXED BY A NUMERICAL SUFFIX TO THE ZONING
DESIGNATION; SAID LAND BEING GENERALLY
LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN
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ROAD, EAST OF THE SPANISH WELLS CONDOMINIUM
DEVELOPMENT, 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. 22-97 is on file in the official
Ordinance Book)
Prior to the City Attorney reading the caption, Mayor
Alperin clarified that the proposed ordinance will require a
quasi-judicial public hearing at second reading on June 3, 1997.
In view of the legalities surrounding quasi-judicial items, it
has been the Commission's practice not to accept testimony or
input prior to the actual hearing. The City Attorney concurred
that all of the testimony on a quasi-judicial issue should be
presented at the hearing itself.
The Mayor further noted for the record that a letter
from Oakmont had been submitted which has been forwarded to the
City Clerk to be made a part of the record and distributed as
part of the backup for the quasi-judicial hearing.
The City Attorney read the caption of Ordinance No.
22-97.
Prior to the motion, Mayor Alperin explained that the
motion tonight is simply to move the item along to a scheduled
quasi-judicial public hearing for formal consideration. It does
not indicate a position for or against the petition.
Mr. Egan moved to adopt Ordinance No. 22-97 on FIRST
Reading, seconded by Mr. Schmidt. 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.
At this point the Commission moved to Item 11., Com-
ments and Inquiries on Non-Agenda Items from the Public.
11. Comments and Inquiries on Non-Agenda Items from the
Public-Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
The Assistant City Manager gave a summary of the
response provided regarding the complaints by Mr. Robert Jackson
of 2300 Spanish Trail with respect to code issues on the property
directly behind his at 2307 Florida Boulevard (a copy of which is
attached hereto and made an official part of these minutes).
11.B. From the Public.
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ll.B.1. Mr. Gerald DeFoe, Chairman of P.R.O.D.'s Education
Committee and liaison for Country Manors, addressed the City
Commission concerning school concurrency. He stated that the
County Commission had this afternoon voted to have the one cent
sales tax put on the March 1998 ballot. In view of this, concur-
rency is more imperative than ever. Without it, the schools will
never catch up with the overcrowding problem. While nothing can
be done about concurrency until 1998, planning towards this issue
must remain current and ongoing. Mr. DeFoe asked for the Commis-
sion's support of school concurrency as well as regulatory
provisions insofar as the School Board is concerned, possibly an
oversight committee to make sure that the actions of the School
Board with respect to building and construction are reported to
the public so that the public is aware of what is happening. Mr.
DeFoe continued that if the one cent school tax appears on the
March ballot without concurrency going along with it and without
something to have the School Board answer to the public, he would
certainly work to see it defeated. In conclusion, Mr. DeFoe
implored the City Commission to get behind the concurrency issue
and take a strong stand on it.
11.B.2. Alice Finst, 707 Place Tavant, stated that she wished
to address three areas which she feels are eyesores. The first
is the mattress or couch that has been dropped across the street
from City Hall. It seems that there is always some debris either
dropped there or in front of the City Attorney's office. She
asked what had happened to the emergency pickup service and
commented that the City seems to be getting what we pay for with
the new low rate with BFI which is no emergency pickup.
Second, Mrs. Finst commented that County Commissioner
McCarty had attended a City Commission meeting several weeks ago
and spoke about the Palm Tran facility on Congress Avenue. At
that time Commissioner McCarty said that if the City wanted a
wall on the site, to let the County know and it would be taken
care of. Mrs. Finst stated that the community has let the
Commission know that the residents want something done to cover
up the mess, but have not yet heard any plans discussed as to
what is going to be done. Mrs. Finst feels it is a very unat-
tractive site.
Finally, Mrs. Finst stated that the parcel of land that
extends from Atlantic Avenue north to Lake Ida Road, and from
1-95 to Congress Avenue, seems to be sorely lacking in code
enforcement. She has brought this up before, but nothing seems
to have improved. The road is gone in many spots and the deteri-
orated screening on the property presents a view of what has
turned into a large dumping area for many of the commercial
properties back there. Mrs. Finst commented that at one time
there was talk about this property being used for a hotel site
because of its close proximity to 1-95. That thought was ig-
nored, however, because of the concrete plant that was back
there. This is one of the few large parcels of land left in the
City and Mrs. Finst felt it would be beneficial for the Commis-
-12- 5/20/97
sion to discuss plans for this property at a workshop to see if
something can be done to consolidate what is going on there.
Presently, it is in a very deteriorated state with no code
enforcement.
At this point, the Commission moved to Item 13.,
Comments and Inquiries on Non-Agenda Items.
13. Comments and Inquiries on Non-Agenda Items.
13.A. City Manager.
Assistant City Manager Barcinski stated that in re-
sponse to Mayor Alperin's prior inquiry as to the status of the
RM district regulations, the discussion of proposed amendments is
scheduled for the Planning and Zoning Board's workshop meeting of
June 9, 1997. Also, regarding the Mayor's request for rental
property inspections, the Code Enforcement Administrator is
currently developing a Landlord Permit Inspection Pilot Program
which will involve field inspections conducted randomly through-
out the City. It is anticipated the pilot program will commence
in late June, 1997.
Mr. Barcinski noted that starting today, the City is
hosting at the municipal golf course the N.A.I.A. College Women's
Golf Championship will be held today, tomorrow and Thursday.
Twenty schools from around the country are represented.
13.B. City Attorney.
The City Attorney had no comments or inquiries.
13.C. City Commission.
13.C.1. Mr. Ellinqsworth complimented Mr. Schmidt on a super
job for the visit from the Sister City delegation over this past
weekend.
13.C.2. Mr. Randolph also expressed his appreciation to Mr.
Schmidt for a job well done with the visitors from Miyazu.
Mr. Randolph commented that the Congress corridor
between Atlantic Avenue and Lake Ida Road could be made to look a
lot better if we could do something to cut the grass in the
swales and do some edging along the sidewalks. He asked that
staff coordinate an effort to take care of this.
13.C.3. Mr. Egan, too, complimented Mr. Schmidt on a job well
done.
13.C.4. Mr. Schmidt thanked the Mayor and Commissioners for
attending the various functions in conjunction with the Sister
City visit. The participation was greatly appreciated by the
members of the delegation. Mr. Schmidt also complimented the
-13- 5/20/97
City Manager and City Attorney for their efforts and expeditious
handling of a contract from the School Board for the use of a bus
during the visit. Everything was supposedly arranged, but on
Thursday afternoon the School Board faxed a contract to Mr.
Schmidt that had to be executed. Staff scrambled to get it done
and the efforts are appreciated.
13.C.5. Mayor Alperin commented on all of the construction
activity taking place. He realizes the inconvenience and appre-
ciates everyone's tolerance.
Mr. Randolph complimented Jose Aguila, Construction
Manager, for his efforts overall, but especially to have the
Chambers ready for this evening's meeting.
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. 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). (WITHDRAWN BY APPLICANT)
The City Attorney stated that this item was postponed
to the date certain of tonight for a public hearing, but the
applicant has requested that the item be withdrawn. Since the
petition has been withdrawn by the applicant, the Commission does
not need to take any action as the item is withdrawn from further
consideration. A copy of the applicant's letter is attached
hereto and incorporated herein as an official part of the min-
utes.
10.B. ORDINANCE NO. 23-97: An ordinance amending Section
4.3.4, "Base District Development Standards", of the Land Devel-
opment Regulations to eliminate conflicting language which
requires platting to separately convey duplex units. 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 Assistant City Manager presented Ordinance No.
23-97:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT
STANDARDS", SUBSECTIONS 4.3.4. (B), "LOT
-14- 5/20/97
AREA", AND 4.3.4. (I), "DENSITY", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO DELETE LANGUAGE W~ICH REQUIRES
PLATTING TO SEPARATELY CONVEY DUPLEX UNITS,
AND CLARIFYING THAT A COMMONLY OWNED DUPLEX
STRUCTURE CANNOT BE SUBDIVIDED INTO SEPARATE
OWNERSHIP UNLESS A TWO HOUR FIRE RATED TENANT
SEPARATION WALL IS PROVIDED; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND
AN EFFECTIVE DATE.
(Copy of Ordinance No. 23-97 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. No one
from the audience wished to speak on the matter. The public
hearing was closed.
Mr. Ellingsworth moved to adopt Ordinance No. 23-97 on
Second and FINAL Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor
Alperin - Yes. Said motion passed with a 5 to 0 vote.
There being no further business, Mayor Alperin declared
the meeting adjourned at 7:05 p.m.
City Cl~rk !
ATTES~~~O~R'M '
v The undersigned is the City Clerk of the City of Delray
Beach, Florida, and the information provided herein is the
minutes of the May 20, 1997, regular meeting of said City Commis-
sion, which minutes were formally approved and adopted by the
City Commission on ~f~t~ ~. /~7
City ~l~rk '
NOTE TO READER: If the minutes you have received are not com-
pleted as indicated above, this means they are not the official
minutes of the City Commission. They will become the official
minutes only after review and approval which may involve some
amendments, additions or deletions.
-15- 5/20/97
MEMORANDUM
Butler, Community Improvement Director
TO:
Lula
FROM: Richard Bauer, Code Enforcement Administratorx~
THRU: Tom Meeteer, Code Enforcement Supervisor
SUBJECT: COMPLAINTS BY MR. BOB JACKSON OF 2300 FLORIDA BLVD.
DATE: May 19, 1997
I met with Mr. Jackson on or about April 17, 1997 at his residence at 2300 Florida
Blvd. Mr. Jackson had numerous complaints regarding the multi-family dwelling
unit directly behind him at 2307 Florida Blvd. Mr. Jackson's complaints and my
actions are as follows:
1. Mr. Jackson stated that the occupants of the multi-family dwelling were
parking in the right-of-way. I advised him we had no ordinance precluding
people from parking in right-of-way but I would check with City Engineer to
see if no parking signs could be installed.
2. Mr. Jackson stated that he thought the multi-family complex had not adhered
to their original site plan i.e. He felt the fence separating his property and
the multi-family units was not in accordance with site plan. I checked the site
plan and found the fence installed according to plans.
3. Mr. Jackson felt that the landscape site plan had not been done as required.
I checked site plan and found that the landscaping as it now exists was not
done according to approved plan and had not been given a Certificate of _
Occupancy. I spoke with landscape inspector, Bob Kussner and he advised
me that he was aware of the problem and that an advisory letter had been
sent to the developer to have them come into compliance (compliance has
not been achieved at this time).
4. Mr. Jackson complained about tree trimming, trash and debris on a
construction site across from 2307 Florida Blvd. I contacted the building
contractor and B.F.I. and had the site cleaned.
Lula Butler
May 19, 1997
Page 2
5. Mr. Jackson complained that dogs at 2307 Florida Blvd. (directly behind his
house) barked at all hours of the day and night and defecated in the owner
of the dogs fenced in yard. He further said that there was a bucket of dog
feces being kept behind the fence in a utility easement between his property
and the dog owners property. I inspected the area and found a bucket with
what appeared to be dog feces in the easement behind the fence.
I found no one at home at the residence where the dog was kept, but left a note on
the door reference the complaint I had received.
I re-visited the site again on April 25th and found the bucket had been removed.
In regards to Mr. Jackson's comments at City Commissions meeting of May 6th,
1997 that he had received no response to his complaints I must take issue. I
called Mr. Jackson on or about April 24, 1997 and left a message on his
answering machine stating the conclusion of my investigation regarding the fence,
the landscape site plan, the debris on the construction site, the parking in the
right-of-way (which had ceased) and my actions regarding the dog complaint,
which I had passed on to Animal Control.
I spoke to Mr. Jackson on or about April 30th and he thanked me for what I had
done, but was concerned that he had not heard from Animal Control. At this time,
I told him I would contact Animal Control. Unfortunately I don't recall if I did or not
due to the fact that the bucket had been removed. Jeff Drazic doesn't recall any
contact with me.
After receiving the comments made by Mr. Jackson on May 6th, I along with Jeff
Drazic visited the site, the barking dog in question barked twice as we entered the
easement then stopped, we could not find the bucket of feces which was originally
in the easement, however, upon peering through the privacy fence we did see
what appeared to be a bucket of dried feces and grass clippings. Animal Control
officer Drazic contacted the owner and he removed the bucket. The barking dog
did not constitute a nuisance according to Drazic but he would continue to -
monitor.
Also Mr. Jackson stated at the commission meeting that he had called and talked
to other staff and received no response.
I have questioned staff and no one can recall any complaints by Mr. Jackson other
than on May 6, 1997 when he called to inquire about the status of his complaint.
Lula Butler
May 19, 1997
Page 3
Finally, I feel that the complaint was handled properly and promptly, the only
mistake made would have been my not assigning a case number to the original
complaint, which may have caused tracking problems for staff, however, I felt that I
had supplied Mr. Jackson with all the actions I had taken in a timely and
satisfactory manner.
RB:ib
u~-u~-u~ ~:u~A~ e~u~w~lNS~ ~V~]~I B.A, ?0 243122]
WEINER, MORICI, & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delra¥ Beach, Florida 3344e,
OF COt, INSEL: Telephone: (551} 265-2668
Telecopier: (561} 272-6831
ROBERT MARC SCHWARTZ, P.A.
Florida Bmr I~ard Certified
Real i;$tate Lawyer
HAND DELIVERY
May 6, 1997
Ms. Diaae Dominsucz
The CiD' of Delray Beach
I00 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Pathways 1o Recovery, Inc.
Item: Future Land Use Map Amendment from County MR-$ to City Medium Density
Residential $-12 Units / Acre and Annexation with Initial Zoning of RM
Our File No.: BOMA002
De, ar Diane:
On behalf of the applicant, wish to _withdraw the application for the above captioned matter from
cansidemlion by the C/ty of Delray Beach, Florida. Accordingly, would you please remove this as
an agenda item from the City Commission meeting of May 20, 1997. lfyou should need anything
further from our offices to confirm this withdrawal, cio not hesitate to contact me.
MSW/rh ' '
Att: Mr. Alan Bombart ~"~\~'" ,,- .~1
Att: Mr. Kerry Kilday