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12-03-2013 Regular Minutes DECEMBER 3, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, December 3, 2013. L Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent- None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D.Nubin, City Clerk 2. (THIS SPACE INTENTIONALL Y LEFT BLANK) 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: None. 5. PRESENTATIONS: 5.A. Presentation regarding the City of Delra Beach as a Sorts Destination (ADDENDU1M Margie Walden, Executive Vice President of Alliance of Delray, gave a brief update of the Sports Destination Committee. Ms. Walden on February 19, 2013 there was a presentation made to the City Commission about expanding Delray as a Sports Destination. She stated it was the consensus to hold a Workshop with the major stakeholders and sports in the city. Ms. Walden stated that Workshop was held on April 12, 2013 with 30 participants at the Delray Golf Club and it was facilitated by John Webb, President of the Florida Sports Foundation. She stated the following came out of that meeting: (1) create a master calendar of events and facilities, conduct an assessment of all the venues and (3) determine the needs for special sports marketing position within Delray Beach. Ms. Walden stated the Sports Committee continues to meet the first Monday of every month at 10:30 a.m. and there are 16 voting members. She stated the 12/03/13 Committee's vision is to promote Delray Beach as a prime destination for sports and athletics. Vin Nolan, Economic Development Director for the Community Redevelopment Agency (CRA), stated part of the activity that has been going on during this interim period is that this working group has been meeting on a monthly recurring basis but felt they could accomplish more by breaking down into sub-committees. Mr. Nolan stated they are working with the City's IT Department to create an access point through the City's webpage. Mr. Nolan stated they would like to create a welcoming host environment for things such as youth tournaments. He briefly reviewed the five (5) sub-committees and stated the mission of this group is to improve utilization without displacement of existing local community activities. Ms. Walden stated Baseball Perfect Games would like to continue here and will have a qualifier in the beginning of January and ELEVS also will be running numerous tournaments throughout 2014 for their school and local children. She stated for football they have the XP and FLP draft combine held at Hilltopper and Soccer Complex; there are also seven(7) different tennis events with many of these events being in the off-season; they expect 4-6 events in 2014; the AVP Volleyball to return the end of September which is a national championship; there is a cycling series for downtown in March and noted there are other opportunities such as a College Bowl Game being scheduled for FAU stadium December 23, 2014 and believes there are opportunities for Delray Beach to participate like we did in the Super Bowl in 2010 with an event, hotels for the media, etc. Ms. Walden stated Delray Beach has been chosen for the National Association of Intercollegiate Athletics (NAIA) for their Men's Soccer National Championship for 2014 and 2015 (16 teams; 500 athletes; an additional 300-400 officials, administrators, sponsors, family members, alumni, etc.) and they will also provide clinics for the local youth. The host will be the Palm Beach County Sports Commission and Northwood University; Delray Beach has been chosen to serve as the host city for this event. Ms. Walden extended a special kudos to Commissioner Gray for her support with the Committee and help with the NAIA. In addition, Ms. Walden thanked the Parks and Recreation staff for their assistance with helping to win this event to come to Delray Beach. Mrs. Gray thanked Ms. Walden and the Palm Beach County Sports Commission. Ms. Walden introduced and recognized the Sports Destination Committee members. Mr. Nolan stated the Committee has been led by Bob Barcinski, Assistant City Manager and Tim Simmons, Interim Parks and Recreation Director. Mr. Frankel thanked Ms. Walden for the presentation. 2 12/03/13 Ms. Walden stated they are using sixteen (16) different venues; eight (8) in Boca and eight (8) throughout North County and they are all country clubs. She stated they will be active with the owners of the tennis tournament to ensure that Delray Beach hotels are promoted for that. Mrs. Petrolia stated the City Commission voted and established the fee structure through Parks and Recreation so by bringing in these events the City receives direct benefits as do the business merchants, etc. Mr. Jacquet stated he would like to make sure that the Commission has Ms. Walden's email and phone number so if they have any concerns related to the City's fields or anything related to sports the Commission can reach out to her. Mr. Jacquet thanked Ms. Walden for all her work. Mayor Glickstein stated from the first Workshop there was strong consensus that a clearing house of some sort was needed because there was wide spread agreement that everything starts with rec sports. He stated travel leagues and tournaments are great but only as enhancements to the rec programs and to build the rec programs through that branding process. Mayor Glickstein stated in terms of that clearing house competing for fields and knowing when we have free space when we do not and asked if this is part of the data base. Ms. Walden stated this is the database and have worked very hard at trying to put together a master calendar and trying to get every facility contact number of when their facility is open and when it is not. Mayor Glickstein stated he appreciates the effort and thanked Ms. Walden for the presentation. At this point, the Commission moved to Comments and Inquiries on Agenda and Non-Agenda Items from the City Manager and the Public Immediately Following Presentations. G.A. City ManalZer's response to prior public comments and inquiries. With regard to prior concerns expressed by Mary Alford about the intersection at N.W. 12"' Avenue and Martin Luther King Street, the City Manager stated there is a project in process and that work will be completed by the end of the week. The City Manager stated the City had to contact the County with regard to Mrs. Alford's concern regarding Congress Avenue. Secondly, with regards to proper language for addressing the City Commission in the line of civility, the City Manager stated staff will be presenting the Commission with a policy at the next City Commission meeting of December 10, 2013. G.B. From the Public. 6.8.1. Peter Humanik, 704 N.E. 5th Street, Delray Beach, FL 33483, congratulated the City Commission on the City's recent achievement of a AAA Bond Rating. 3 12/03/13 Secondly, Mr. Humanik commented about the tax rate going down; the operating increased a little and the capital went down. 6.B.2. Mark Kay, Executive Director of CHILD (Children's Helmet Initiative Legislative Defense Fund), stated he has addressed the Commission repeatedly discussing his concenl over bicycle helmets. Mr. Kay stated they would like to work with the City to promote bike helmet enforcement by making sure that people understand how important it is and make sure that bike helmet enforcement is on forefront. Mr. Kay stated he would like to meet with the Mayor and Conunission to plan this together to raise public consciousness on this issue. Mr. Kay stated he is meeting with the Senior Medical Correspondent for CNN who is also a Neuro-surgeon in January to discuss this initiative. 6.B.3. Mice Finst, 707 Place Tavant, Delray Beach, FL 33445, thanked the Commission for the meeting last night. Mrs. Finst suggested that the upcoming Town Hall presentations be recorded and made available for public hearing, public viewing, and especially for viewing of future City board members. 6.B.4. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, strongly opposes that the prayer has been removed from the City Commission Agenda. Mrs. Alford stated one person should not be able to decide that the public does not need a prayer in an open meeting and urged the Commission to address this issue. 6.B.5. Betty Goodman, 930 S.W. 11th Terrace, Delray Beach, FL 33444, echoed comments expressed by Mrs. Alford regarding the elimination of the prayer from the Agenda and believes there should be prayer. Secondly, Ms. Goodman stated there are now three (3) extra charges on the water bills. 6.B.6. Ed McCall 219 N. Swinton Avenue Delray Beach FL 33445 commented about the annual performance bonuses to the management company of the Delray Beach Golf Course (Item 8.J.). Mr. McCall stated he does not understand why a private company should be receiving a taxpayer's bonus when they operate efficiently, economically, and provide quality and it is profitable. Secondly, Mr. McCall inquired about the performance criteria for the bonus and expressed concern over the infrastructure of the facility and the condition of the men's restrooms on the golf course. He stated it has not been painted in years and suggested that the restrooms be pressure cleaned every six months. Mr. McCall suggested that the management company spruce up the infrastructure and stated the money is there to do this. He requested that either City staff tour the facility or that the City change the criteria for the bonus. 6.B.7. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked for the status of the Waste Management contract. 4 12/03/13 Secondly, Mrs. Moody urged the Commission to put the invocation back on the Agenda. 6.B.8. Jeff Kadel, 1415 Anchor Point, Delray Beach, FL 33444, suggested that the City erect signs designating a particular area for smokers. Secondly, Mr. Kadel stated the Sports Commission has been doing great work; however, he stated some kids were displaced during the Super 28125 tournament and the new soccer tournament also falls into recreational soccer. Mr. Kadel stated however long these sports initiatives last and all this great commerce comes into the city, that the city youth sports are enhanced through the process. Commissioner Jacquet stated in Goal setting the Commission agreed with and suggested that the Commission take a closer look at the soccer and the possible displacement of some of the recreation children and feels the City should be able to accommodate both. Commissioner Jacquet stated he would like to see the City accommodate both and work with whoever we need to in order to make sure the kids are protected. Mayor Glickstein stated part of the criteria for the Parks and Recreation Director is going to be that clearing house so that the City staff is the final arbiter of how public facilities are used in the town and that recreational sports have priority. Brief discussion between Commissioner Jacquet, Commissioner Gray, and Mayor Glickstein followed. 6.B.9. Kevin Warner, 248 Venetian Drive, Delrav Beach, FL 33483, concurred with comments expressed by Commissioner Jacquet and stated the displacement of youth has happened and asked the Commission to ensure that it does not happen again. Secondly, Mr. Warner urged the Commission to lean on the process. He stated approximately 6-8 months ago there was discussion by the Commission about a cycling tournament downtown in Marcb. Mr. Warner suggested there are too many marketing efforts going on and he feels these efforts need to be coordinated. 6.B.8. Brock 1587 S.W. 4 1 Avenue 410-D, Delray Beach, FL 33444, supports Item 10.D, The City Attorney explained that Item 10.D. is a public hearing and Mr. Rosane can speak on it at that time. 6.B.10. Cindi Freeburn, 371 East Mallory Square, Delray Beach, FL 33483, stated when the City Manager brings forward a recommendation for civility when addressing the Commission, she would like to request that the members on the dais with the exception of the City Attorney not have their laptops open during meetings unless 5 12/03/13 they need it for a presentation or notes. 6.B.11. Gita Sapiano, 150 N.E. 6th Avenue Ant. "Q", Delray Beach, FL 33483, commented about the Atlantic project and stated all the condominiums and complexes around their area support this project. She stated she will forward a petition with signatures from those individuals who are in support of it. 6.11.12. Carmen Ann Sanchez Hyman, 911 NE 7th Avenue, Delray Beach, FL 33483 stated the trolley and the artwork/gateway feature east of I-95 is very nice. Secondly, Ms. Hyman stated St. Mark's private school closed and there is now heavy traffic on George Bush Boulevard early in the morning because they are all going to St. Vincent's now. She asked if the City can check the traffic flow in this area. Ms. Hyman stated on Bond Way the antique stores have developed overnight into rehab centers. 6.8.13. Jim Knight 10_S.E. 15t Avenue, Delray Beach, FL 33444, stated he missed the Andrds Duany presentation/lecture last night at Old School Square. Mayor Glickstein stated with regard to Mr. McCall's comments about the bonus for the golf course, it is contractual based and it has nothing to do with the condition of the golf course. For clarification, Mayor Glickstein stated with regard to the invocation it will not be decided by any one person. After the last City Conunission meeting, the Commission tried to incorporate a Chaplain using the City Clerk with a non- denominational prayer that would be okay with everyone; however, they ran out of time. Mayor Glickstein stated the goal is to come up with something generic because there have been complaints from several people about some of the invocations not being general enough and the Commission is trying to find a balance that is okay for everybody. He stated with regard to the law there is separation of church and state and the City is trying to deal with that as well as maintain a policy that everybody is okay with. Mr. Jacquet moved to approve the Agenda before moving to Public Hearings, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia—Yes. Said motion passed with a 5 to 0 vote. 7. AGENDA APPROVAL: The City Attorney stated with regard to Item S.L., Review of Appealable Land Development Board Actions (SPRAB meeting from November 20, 2013 Item #1 — Atlantic Crossing) the City has received at least 4 or 5 appeals from private parties on that item. The City Attorney requested that this item be removed from the 6 12/03/13 Commission Agenda. Mr. Frankel stated also under Item 8.L. if a City Commissioner wants to file appeal (Planning and Zoning Item B) he has to raise the issue and the Commission would have to vote to approve the appeal. Mr. Frankel moved to approve to place the Planning and Zoning Item S.L.B., on the next available meeting when City staff has that item ready to be heard by the Commission, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. Mrs. Petrolia stated she has questions regarding Planning and Zoning Item 8.L.F., as it relates to Land Use and Development initiative. The City Attorney stated that is really not an appealable item because it would come in front of the Commission. Mark McDonnell, Interim Planning and Zoning Director, stated none of the items that were action taken by Planning and Zoning are appealable items; they are all reconunendations. Mayor Glickstein stated he requested that item be pulled from this Agenda because since the time that was heard by Planning and Zoning Board, the City had the resignation of a Planning and Zoning Director as well as a City Attorney. Mayor Glickstein stated this will come before the Commission for approval. Mrs. Petrolia expressed concern that it was not presented the way the Commission decided it should have been presented. Therefore, Mrs. Petrolia stated this needs to go back to that board in the way that the Commission asked for it to go. Mrs. Petrolia moved to approve to have this re-presented as this Commission asked for it to be presented to the Planning and Zoning Board. Mrs. Petrolia stated this was not an elimination of conditional use; this was supposed to be a pause or a temporary hold-off of conditional use and it was presented as though it was the end of conditional and it may never get back on because it was going to be eliminated. Mrs. Petrolia reiterated that was not the direction of the City Commission. Mayor Glickstein stated not having a Planning Director on board is not the time to implement something like this. Mayor Glickstein stated he would like to hold off until the Planning Director position is filled so he/she can assess what they think the City needs to do at that time. Mrs. Petrolia moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said 7 12/03/13 motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 56-13: ABANDONMENT OF WATER EASEMENT DEED/DELRAY BUICK/GMC: Approve Resolution No. 56-13; abandonment of a 6' x 12' portion of a Water Easement, dedicated by the plat of Sherwood Pontiac Plat No. 1, as recorded in Plat Book 83, Pages 61 and 62, for Delray Bulck/GMC, located at 2400 South Federal Highway. The caption of Resolution No. 56-13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF A WATER EASEMENT DEDICATED BY THE PLAT OF "SHERWOOD PONTIAC PLAT NO. I- , AS RECORDED IN PLAT BOOK 83, PAGES 61 THROUGH 62 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 56-13 is on file in the City Clerk's office.) S.B. RENEWAL OF CONTRACT AWARD/DR. CRAIG B. KUSHINIR: Approve renewal of a contract award in the amount of$22,000 annually to Dr. Craig B. Kushinir D.O., for the position of Medical Director for the Fire Rescue Department. Funding is available from 001-2315-526-31.90 {General Fund: Professional Services/Other Professional Services). S.C. AMENDMENT TO SUBORDINATION POLICY AND PROCEDURES FOR NEIGHBORHOOD SERVICES DIVISION: Approve an Amendment to the Subordination Policy and Procedures to be followed by the Neighborhood Services Division when homeowners assisted by grant funds request that the City subordinates its second mortgage position. 8.D. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/FAIR HOUSING CENTER OF THE GREATER PALM BEACHES: Approve and authorize execution of a Sub-Recipient Funding Agreement with Fair Housing Center of the Greater Palm Beaches under the Community Development Block Grant (CDBG) program for FY 2013-2014, with total funding in the amount of $2,000.00 for the Fair Housing Center of the Greater Palm Beaches. Funding is available from 118-1966-554-82.12 (Neighborhood Services: Aid to Private Organizations/Fair Housing Center). 8 12/03/13 8.E. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES BEACON CENTER AT VILLAGE ACADEMY ELEMENTARY SCHOOL): Approve and authorize execution of a Sub-Recipient Funding Agreement with Achievement Centers for Children and Families under the Community Development Block Grant (CDBG) program for FY 2013-2014, with total funding in the amount of$52,000.00 in support of the Beacon Center at Village Academy Elementary School. Funding is available from 001-4111-572-83.01 (General Fund: Other Grants& Aid). 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Approve and authorize execution of a Sub-Recipient Funding Agreement with Legal Aid Society of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2013-2014, with total funding in the amount of $4,000.00. Funding is available from 118-1966-554-82.12 (Neighborhood Services: Aid to Private Organizations/Fair Housing Center). 8.G. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FUNDING AGREEMENT/ACIHEVEMENT CENTERS FOR CHILDREN AND FAMILIES (MAIN FACILITY AND VILLAGE ACADEMY): Approve and authorize execution of a Sub-Recipient Funding Agreement with the Achievement Centers for Children and Families (ACCF) under the Community Development Block Grant (CDBG) program for FY 2013-2014, with total funding in the amount of 556,033.00 for the Center's main facility and Village Academy. Funding is available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private Organizations/Child Care Center). 8.H. CONSENT TO ASSIGNMENTBUCKY DENT BASEBALL SCHOOL, INC.: Approve the Consent to Assignment from Bucky Dent Baseball School, lilt. to Elev8 Sports Institute, Inc. $_I. AMENDMENT NO. 1 TO THE LEASE AGREEMENT/ELEV8 SPORTS INSTITUTE, INC.: Approve Amendment No. I to the Lease Agreement with Elev8 Sports Institute, Inc., for the use of Robert P. Miller Park and Currie Commons Park. 8.J. LICENSE AGREEMENT/MAE VOLEN SENIOR CENTER, INC.: Approve a license agreement with Mae Volen Senior Center, Inc. for the use of the building and the parking lot at the Western Community Center for a term of one (1) year. 8.K. ANNUAL PERFORMANCE BONUS/JCD SPORTS GROUP, INC.: Approve FY 2012/2013 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of$11,134.80 and for Tennis Center operations in the amount of $5,583.60. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service) and 001-4215-575-34.90 (General Fund: Operating Expenses- 9 12/03/13 Miscellaneous/Other Contractual Service). S.L. PROCLAMATIONS: 1. None S.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 18, 2013 through November 27, 2013. S.N. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Midrange Support & Service, hie., in the amount of $44,900 via State Contract 9250-000-09-1. Midrange Support & Service, Inc. was the reseller for the iSeries and has provided continued support. Funding is available from multiple accounts. Mrs. Petrolia moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia Yes; Mr. Jacquet Yes; Mr. Frankel — Yes; Mrs. Gray Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:21 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2012-2013 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Lula Butler, Director of Community Improvement, stated item is for the Commission to approve the 2012-2013 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development (HUD) for utilization of federal grant funds. Mrs. Butler stated the City spent approximately $1.3 million this past year from various sources (State, Federal, and local monies). She stated this is the third year of the five-year plan. Staff requests the support of the Commission to accept the report. Mrs. Butler stated the report has been made available for the past 15 days for public comment and the City did not receive any public comment. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission on this item, the public hearing was closed. Mr. Jacquet inquired about the public comments. Mrs. Butler stated this was published in the newspaper, online, posted at the Neighborhood Resource Center, 10 12/03/13 and within their office and noted that the public comment could have been submitted by telephone, email, or any other means. Mr. Frankel moved to approve the 2012-2013 Consolidated Annual Performance and Evaluation Report (CAPER), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia—Yes; Mr. Jacquet—Yes; Mr. Frankel— Yes; Mrs. Gray Yes; Mayor Glickstein—Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 31-13: Consider an amendment to Chapter 113, "Alcoholic Beverages", of the Code of Ordinances by amending Section 113.15, "Hours of Sale and Consumption; Exemption", to remove the restriction of selling alcoholic beverages on Sunday morning. The caption of Ordinance No. 31-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 113, "ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES BY AMENDING SECTION 113.15, "HOURS OF SALE AND CONSUMPTION; EXEMPTION", TO REMOVE THE RESTRICTION OF SELLING ALCOHOLIC BEVERAGES ON SUNDAY MORNING, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated this ordinance allows the sale of alcohol on Sunday morning. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach;Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 31-13, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 31-13 on Second and FINAL Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia—Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 32-13: Provide for Charter revisions by amending Section 3.12, "Procedure", to provide clarification regarding the voting procedure; providing for a referendum on March 11, 2014. 11 12/03/13 The caption of Ordinance No. 32-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE"; TO PROVIDE CLARIFICATION REGARDING THE VOTING PROCEDURE; PROVIDING FOR A REFERENDUM ON MARCH 11, 2014; PROVIDING A SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-13, the public hearing was closed. Terrill Pyburn, Assistant City Attorney, stated staff looked at the ordinance and the Charter provisions of approximately 14 other cities and this is what staff came up with to try to address the issues the Commission discussed previously dealing with tie votes. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-13, the public hearing was closed. Mrs. Petrolia asked how this will coordinate with the local rules. Mrs. Petrolia stated the rules will need to be changed in order to comport with the changes in the Charter and there will voting provisions listed in the Charter and not referenced in the rules. Mr. Frankel asked if this can be condensed into a handout. Ms. Pyburn stated that staff can do this. Mr. Jacquet thanked the City Attorney's office for working on this and stated he particularly likes the wording in Subsection 3 because it is very clear that any action will need at least three (3) affirmative votes and if not then the motion fails. Mrs. Gray moved to adopt Ordinance No. 32-13 on Second and FINAL Reading, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. 12 12/03/13 Frankel — Yes; Mrs. Gray — Yes; Mayor GIickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet—Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 33-13: Consider an amendment to the Code of Ordinances by repealing Chapter 119, "Vehicles for Hire", in its entirety and enacting a new Chapter 119 in its place, in order to adopt, by reference, the Palm Beach County provisions regarding the same. The caption of Ordinance No. 33-13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING CHAPTER 119, "VEHICLES FOR HIRE" IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 119, "VEHICLES FOR HIRE" IN ITS PLACE IN ORDER TO ADOPT BY REFERENCE THE PALM BEACH COUNTY CODE PROVISIONS REGARDING SAME; PROVIDING A GENERAL REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, stated Palm Beach County municipal "Vehicles for Hire" ordinance addresses the industry standards for "Vehicles for Hire" which deal with the qualifications and background checks, inspections for vehicles, description of vehicles, insurance requirements, advertisements, renewal requirements, etc. (which is done here in Delray Beach). Brock Rosayn, 1587 S.W. 4th Avenue 10-D, Delray Beach, FL, owner of Metro Taxi, stated he supports the amendment going forward. There being no one else from the public who wished to address the Commission regarding Ordinance No. 33-13, the public hearing was closed. Mr. Frankel asked Captain Tommy Mitchell how the Police Department is going to inform people of the new procedures. Captain Mitchell stated the County ordinance will allow them to enforce the taxi rules and regulations in Palm Beach County; however, the taxis that people see coming in will still be allowed to pick up and drop off. Captain Mitchell stated since Mr. Rosayn was the Chairperson for the Vehicle 13 12/03/13 for Hire Committee for Palm Beach County he wanted all the taxi cabs to register in Delray Beach as well. However, Captain Mitchell stated that might not happen and then the City would be limiting the competition because nowhere in the new ordinance in the county and per his instructions for the Palm Beach County League of Cities was not to negotiate rates; people can charge whatever they want and they would limit the competition. Captain Mitchell stated people will always be allowed to drop off in Delray Beach but they just would not be allowed to pick up. Mr. Jacquet clarified that the County ordinance states that all the vehicles must be registered and the City will not require them to register in Delray Beach. Mr. Jacquet asked if there are any other municipalities within Palm Beach County that has an ordinance that requires them to register. Mr. Rosayn stated the City of Boca Raton, City of Delray Beach, the City of Lake Worth, the City of West Palm Beach, Palm Beach, and believes there is another one that is in North County. Mr. Rosayn stated they are not looking to limit competition but they are looking to have quality service. Mr. Rosayn stated there are a lot of single cab owners who come from out of the City of Delray Beach (i.e. Lake Worth, West Palm, etc.) Friday night, Saturday night, and Sunday night where a full service company has a 24-hour dispatch and serves the community 24 hours a day 365 days a year. Mr. Jacquet stated the intent of bringing this up was to have vehicles registered in the city and on Thursday, Friday, and Saturdays there are too many cabs all over downtown. Mr. Jacquet stated the officers concern is they cannot control or regulate them and therefore it is a safety concern for the residents. Mr. Jacquet stated he would like to see Delray Beach mirror the County and the other municipalities that have the requirement that cabs register in the city. Mr. Rosayn stated he feels it would be a revenue source for the city as well to help protect the residents and suggested that each company meet a certain criteria top rate in the city and that all of their cars have a colored decal on the windshield. Officer Mitchell stated Palm Beach County does not regulate what the fare is but whatever fare is advertised they would have to stick by it. Officer Mitchell stated Consumer Affairs would regulate where the business would be located and if a taxi business registers with the County they can call Consumer Affairs, find out who the owner is and track down the drivers that way but currently there is nothing the Police Department can enforce. Mayor Glickstein asked about what the downside is to registering in Delray Beach. Captain Mitchell stated he is not sure how they would police it. Mr. Jacquet stated the consumer may not Iook for it but when the Police Officer are patrolling they would know automatically whether or not a cab belongs here or not. Brief discussion between Captain Mitchell and the Commission followed. Mr. Jacquet stated he feels by having the taxis registered in the city would be the best way to alleviate the problems the city has and at the same time raise some revenue for the city and address the Commission's concern over public safety. Mr. Jacquet expressed concern that just by registering with Palm Beach County the City may not be addressing the problem in its totality in the way that we should. 14 12/03/13 Mr. Rosayn stated part of his obligation is to provide quality service and to make sure that his drivers make enough money to feed their fainilies and clothe their children. However, Mr. Rosayn stated part of the problem is that there are other cabs from out of the area that do not service Delray Beach who come to Delray on Friday and Saturday nights and they are taking away business from legitimate taxi companies. Mr. Rosayn reiterated that he supports the amendment going forward but he also would like to have all companies who want to operate in the City of Delray Beach to have an occupational license and stickers on their vehicles to show the Police Department that they are an authorized cab company that can operate in the City of Delray Beach. Mayor Glickstein stated the registration is a deterrent and feels it would help to eliminate some of the problems because he is looking at this from the perspective of the traffic in the downtown at these peak hours is made worse because the cabs are moving slowly and looking for somebody to pick up with recognizing there are some limitations on enforcement. Mr. Jacquet suggested that the registration be added into the City. Mr. Frankel stated he agrees with the intent and idea; however, he stated they do not know if the cost coming into the City if personnel will pay for it or if we can have the systems in place. Mayor Glickstein suggested that the Coininission set a six (6) month revisit on this issue and perhaps the situation with Code Enforcement and Law Enforcement is different at that time. Mr. Jacquet stated the reason he had brought up this issue several weeks ago was because he wanted to ensure that the City was to do something to make sure that the taxi cabs register in the City of Delray Beach. Mrs. Petrolia also suggested that within the next six (6) months that staff go to some of the neighboring cities (i.e. City of Boca Raton) and ask them what is it taking to do this, how much manpower is needed, and how much is it costing. She stated that way the Commission has a template to look at and make the decision based on experience that is already out there. Mr. Jacquet moved to approve Ordinance No. 33-13 with the caveat that the City Commission will revisit this in six (6) months, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia— Yes; Mr. Jacquet-- Yes; Mr. Frankel Yes. Said motion passed with a 5 to 0 vote. 11. FIRST READINGS: A. None At this point, the time being 7:50 p.m., the Commission moved back to Item 9 of the Regular Agenda. 15 12/03/13 9. REGULAR AGENDA: 9.A. CONDITION_ AL USE REOUEST/KAAB NURSING SCHOOL: Consider a conditional use request to allow the establishment of a vocational nursing school for Kaab Nursing School, within the Congress Park Development, located on the west side of South Congress Avenue, south of West Atlantic Avenue. The proposed use will occupy a 4,100 sq. ft. tenant space located on the second floor of the existing 3-story office building at 220 Congress Park Drive within the office park. (Quasi-Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi-Judicial rules into the record for this item. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Interim Planning and Zoning Director, entered the Planning and Zoning project file #2014-004 into the record. Mr. McDonnell stated this is a conditional use to allow the operation of the KAAB Nursing School within a 4,100 square foot tenant space located on the second floor of an existing 52,712 square ft. office building in the Mixed Residential Office and Commercial (MROC) zoning district. The property is located at 220 Congress Park Drive approximately 870 feet south of West Atlantic Avenue on the west side of Congress Avenue. Mr. McDonnell stated the proposal includes leasing a 4,100 square ft. tenant space located on the second floor of the existing 3-story office building to operate the KAAB Nursing School which will offer educational diplomas for nurses. There will be a maximum of 40 students at any given time and there are existing businesses in the area but they primarily close at 5:00 p.m. The proposed hours of operation for the proposed school are 8:00 a.m. to 9:30 p.m. Monday through Friday. Mr. McDonnell stated staff sent this to the Police Department for a CEPTED review and they wanted all of the lights in the parking lot upgraded; however, the Planning and Zoning Board felt that was a little excessive so they compromised and requested that the eight (8) required spaces for the nursing school if they could reserve those in this area either on the wheel stops or with signage and upgrade the lighting in this area so that when the students are getting out at 9:30 p.m. that they have safe illumination and their vehicles are parked close to the entrance to the school. At its meeting of November 18, 2013, the Planning and Zoning Board recommended approval with a vote of 5 to 0 with those conditions (reserved spaces, adequate illumination, and landscape upgrades). Staff recommends approval. 16 12/03/13 Jeffrev Lynne, Weiner & Aronson, P.A., 10 S.E. Ist Avenue, Delray Beach,FL 33444, agrees with staff's recommendation. There being no one from the public who wished to address the Commission regarding the conditional use, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Petrolia moved to adopt the Board Order approving the conditional use request, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein—Yes; Mrs. Petrolia—Yes; Mr. Jacquet— Yes; Mr. Frankel Yes; Mrs. Gray—Yes. Said motion passed with a 5 to 0 vote. 9.11. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Commissioner Petrolia (Seat#1). Mrs. Petrolia moved to appoint John Jackson as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 9.C. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Approve an appointment to the Police & Firefighters Retirement System Board of Trustees. Mayor Glickstein moved to appoint Jack Warner to the Police and Firefighters Retirement System Board of Trustees, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet— Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia— Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:59 p.m., the Commission to Item 12, Comments and Inquiries on Non-Agenda Items. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 12. COMMENTS AND INOUIRIES ON NON-AGENDA ITEMS. 12.A. City Manauer None. 17 12/03/13 12.B. City_Attorney The City Attorney stated he will be out of town Thursday, December 5"' and Friday, December 6"'. Secondly, the City Attorney stated Section 31.015 of the Code of Ordinances references the City Attorney qualifications and states "that the City Attorney shall be a legal resident or have his principal office in the city at the time of his appointment and during his tenure in office." The City Attorney stated this would be limiting who the Commission would be selecting so he will bring forth an ordinance to leave that provision out of the City's Code of Ordinances; it will be a first reading at the December 10, 2013 meeting and a second reading at the first meeting in January (January 7, 2014). U.C. City Commission 12.C.1. Mrs. Gray Mrs. Gray stated Governor Rick Scott and Attorney General Pam Bondi filed amicus briefs supporting the Mississippi lawsuit against the Federal Government with the unfair National Flood Insurance Program (NFIP) rate hike. She stated many residents have had increases to their insurance and asked if there is some way that the City of Delray Beach can help support this. The City Attorney stated staff can look into this. Secondly, Mrs. Gray stated the City's General Obligation Bonds have gone from a"AA" to a"AAA". Mrs. Gray stated the Commission for Law Enforcement Accreditation voted to award the City of Delray Beach a re-accreditation for its exceptional standards of professionalism. Mrs. Gray congratulated and recognized Police Chief Strianese, sworn officers, and Maria Marino-Bollan, Accreditation Manager, for this prestigious award and for winning this award in 2007, 2010, and 2013. Mrs. Gray stated Representative Bobby Powell has filed House Bill 141 for the Florida Enterprise and Empowerment Zones and asked if staff can get more information on this. She stated the enterprise zones are very important in the Congress Avenue Corridor and the West Atlantic Avenue Corridor. Mrs. Gray stated last night's Town Hall Lecture Series was awesome. She thanked Mayor Glickstein for bringing Andres Duany and she looks forward to the rest of the series. Lastly, Mrs. Gray thanked everyone for supporting the Sports Destination. 18 12/03/13 Lastly, Mrs. Gray thanked everyone for supporting the Sports Destination. 12.C.2. Mrs. Petrolia Mrs. Petrolia asked the City Manager if he was able to get over to Marina Way. The City Manager stated he has not; however, the Engineering Department will look into the issue. Secondly, Mrs. Petrolia inquired about the City hiring a head hunter in order to be able to attract the best people and lure them in to fill the open Department Head positions. 12.C.3. Mr. Jacquet Mr. Jacquet stated after the City takes a look at the Enterprise Zone Bill if it is something that the Commission feels is in the best interest of the city, he would encourage the City to support that piece of legislation as a body. Mr. Jacquet stated the Palm Beach County Delegation may support it as well. Secondly, Mr. Jacquet stated he hopes everyone had a great Thanksgiving and he had the opportunity of picking up about 200 meals from Riviera Beach via Christ Fellowship Church. Mr. Jacquet stated on Thanksgiving Day he went around the city and delivered some meals to people who are in need. Mr. Jacquet stated he spent time at the radio station, two churches, the southwest community, and distributed food to some of the homeless people at the new Libby Wesley Park. Mr. Jacquet publicly thanked Alan Kornblau, Delray Beach Public Library Director, for helping a 7th grade student at Carver Middle School who had a paper to write and he did not have a computer at home or a library card. Mr. Kornblau took him into his office and let him work on a computer so that he could do his work. Mr. Jacquet stated today he received a package from students of Orchard View Elementary School who sent him thank you notes for when he was there for Career Day. Lastly, Mr. Jacquet apologized for not being able to attend the Menorah Lighting. 12.C.4. Mayor Glickstein Mayor Glickstein requested that the appointment of Terrill Pyburn as Interim City Attorney be made at the next City Commission meeting. In terms of the position, Mayor Glickstein stated he would like the job description changed to a minimum requirement of five (S) years' experience in municipal law and suggested that this be published in The Florida Bar News and The Florida Bar Journal. 19 12/03/13 Mr. Jacquet suggested that the City cast a wide net to make sure that this includes people from the private industry and those from government. It was the consensus of the Commission to start advertising the position for City Attorney. Mayor Glickstein inquired about the status of the positions of the Finance Director and Plarming and Zoning Director. Mayor Glickstein stated there was an unusual event at the last Commission meeting which has brought the need to assess City Hall security. Mayor Glickstein suggested that employees have ID tags to control the circulation in City Hall and other public buildings and he has asked the Police Chief to make some recommendations to address the security concerns. Mayor Glickstein distributed a photo of a trolley from Kennebunkport, Maine and explained there is advertising on the trolleys which was tastefully done. He commented on the Town Hall Lecture last night and noted the speaker is one of the preeminent land planner/architects in the country with international exposure. Mayor Glickstein stated he finds it troubling that someone of Mr. Duany's caliber was in our town and there was not one person from the Planning and Zoning Department in attendance. Mayor Glickstein stated Randal Krejcarek was there because a big part of the discussion was infrastructure. Lastly, Mayor Glickstein apologized to the people who were expecting more in terms of the Menorah Lighting. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:27 p.m. City Clerk ATTEST: A YOR 20 12/03/13 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 3, 2013, which Minutes were formally approved and adopted by the City Commission on January 7, 2014 City Clerk 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 as set forth above. 21 12/03/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to establish an instructional school (KAAB Nursing School) in the Mixed Residential Office and Commercial Zoning District has come before the City Commission on December 3, 2013. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Uptown Delray. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a. Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes V' No b. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy_ These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? December 3,2013 City Commission Meeting;Item 9.A. Yes y, No C. Consistency_: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Site Plan: Pursuant to LDR Section 4.6.9(C)(6)(e), private, or public educational facilities for colleges, vocational and trade schools shall provide one (1) space for every five (5) students which can be accommodated at maximum capacity. At maximum capacity, KAAB Nursing School can accommodate forty (40) students. IN such a case, eight (8) parking spaces (40 students 15 spaces per student = 8 spaces) are required for this use. This number coupled with the balance of the building brings the required total to 180. The existing parking includes 199 standard spaces, 51 covered garage spaces and seven (7) handicap spaces for a grand total of 257 spaces. Use Square Footage Parking per Use Parking Required 4 spaces 1 1,000.for Office Business use 48,612 the first 3,000 sq. ft. 172 3.5 spaces 1 1,000 over 3,000 sq. ft. Educational Use One parking space KAAB Nursing 4,100 for every 5 students 8 School Total Parking 180 Spaces This results in a surplus of seventy seven (77) parking spaces (257— 180 = 77 spaces). In summary, there will be sufficient parking on-site for each of the 40 students to drive and park their individual vehicles. Are these requirements met? 2 December 3,2013 city commission Meeting; Item 9.A. Yes No C. Landscaping: The City's Senior Landscape planner has reviewed the proposal respective to requirements for LDR Section 4.6.16 (Landscaping) and has attached the following conditions of approval: 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area, A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16) in height with a seven foot (7') spread. Live Oaks would be a good choice. Upon addressing these site plan improvements (attached as conditions of approval), the conditional use will be found in compliance with LDR Section 4.6.16 Landscaping. Are these requirements met? Yes f No d. CPTED (Crime Prevention Through Environmental Design): The City's Police Department has reviewed the development proposal for KAAB Nursing School and has offered the following comments and recommendations: Natural Surveillance (NS): Natural Surveillance (NS) to and from the building, the parking lot, and South Congress Avenue is very good. Natural Access Control (NAC): Parking lots have limited points of ingress and egress. However, the north parking lot is just a few yards from the large Congress Square shopping plaza located on Vilest Atlantic Avenue. This plaza could provide a quick escape route for assailants, especially in the late evening hours. The proposal does not indicate whether the basement covered parking garage will be opened and available to students and staff. Parking garages are among the most difficult types of commercial properties to protect; present property, patrons., and employees with the greatest risk of becoming victims of crime. The applicant has indicated that as light need to be replaced, they will be replaced with LED or metal halide lamps lights. However, as only eight (8) parking spaces are 3 December 3,2013 City Commission Meeting;Item 9.A. required for the proposed use, staff and students should be advised to use only the surface parking lot and not park in covered parking garage. Landscaping: From a CPTED perspective the site contains the appropriate trees,. shrubs, and ground cover. Landscaping maintenance strategies have historically been Sufficient. Upon addressing these CPTED safety concerns, the conditional use will be found in compliance with applicable sections of the City Code. Are these requirements met? Yes V, No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and CDR requirements in existence at the time the conditional use request was submitted. 5 The City Commission finds there is ample and competent substantial evidence to support its findings in the. record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves V, denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this Order this 3rd day of December, 2013, by a. vote of 5 in favor o approval and 0 opposed. Gary D. &1ickkLe" , mayor ATTEST: Chevelle Nubin City CIerk 4 December 3,2013 City Commission Meeting; Item 9.A. EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR KAAB NURSING SCHOOL 1. A landscape plan signed and sealed by a Registered Landscape Architect will be required to be submitted to the Building Department (as part of the tenant improvement permit and prior to a business tax receipt being issued) that indicates the trees to be added to the perimeter landscape buffer adjacent to Congress Avenue. Several required trees are missing. Trees are required every thirty feet (30) on center. The replacement trees shall be an FPL approved species due to the overhead wires that exist in this area. A good choice would be Green Buttonwood which must be a minimum of sixteen feet (16') in height. Trees are to be added to some of the landscape islands that are missing the required shade trees. Shade trees shall be installed in each of the landscape islands within the parking lot directly east of the subject building. These trees must be a minimum of sixteen feet (16') in height with a seven foot (T) spread. Live Oaks would be a good choice. 2. That the applicant reserves eight (8) designated parking spaces (24 hours a day, seven days a week) for the students of the school. These parking spaces must be located closest to the building with improved illumination for the eight (8) required parking spaces pursuant to the LDRS. December 3,2013 City Commission Meeting; Item 9.A.