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10-06-98 OCTOBER 6, 1998 A Regular Meeting of the City Commission of the City of Delray Beach, Plorida, was called to order by Mayor Jay A1perin in the Commission Chambers at City Hall at 6:00 p.m. on Tuesday, October 6, 1998. 1. Roll call showed: Present - Commissioner Kevin Egan Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Pastor Jim Atchi- son, Church of the Palms. 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 8.F., Agree- ment with Children's Services Council for The After School Program, to the Consent Agenda by addendum. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 5. ADproval of Minutes: Mr. Schmidt moved to approve the Minutes of the Regular Meeting of September 22, 1998, seconded by Mr. Ellingsworth. 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: 6.A. Florida City Government Week - October 18-24, 1998. Mayor Alperin read and presented a proclamation in recognition of Florida City Government Week and the important role played by city government in our lives. Robert A. Barcin- ski, Assistant City Manager, came forward to accept the proclama- tion. 6.B. National Red Ribbon Celebration - October 23-31, 1998. Mayor Alperin read and presented a proclamation in recognition of the National Red Ribbon Celebration occurring October 23 thru 31, 1998, symbolizing a local and national commitment to establishing healthy and safe communities for all citizens, especially our children. Major Larry Schroeder, Delray Beach Police Department, came forward to accept the proclamation. 6.C. Make A Difference Day - October 24, 1998. Mayor Alperin presented a proclamation in recognition of 'Make A Difference Day' occurring October 24, 1998, an annual national day of doing good that celebrates and strengthens the spirit of volunteer service. 6.D. Domestic Violence Awareness Month - October, 1998. Mayor Alperin presented a proclamation in recognition of October, 1998, as Domestic Violence Awareness Month, and commending the Aid to Victims of Domestic Assault (A.V.D.A.) organization for its supportive services in assisting victims of domestic violence to reclaim their lives. 6.E. Callinq for the Downtown Development Authority Referen- dum Election to be held on November 3, 1998. Mayor Alperin read in its entirety the proclamation calling for the Downtown Development Authority Referendum to be held on November 3, 1998. 7. Presentations: 7.A. Awards Presentation by Mayor Alperin - Celebration '98 Fine Art Exhibit. Mayor Alperin presented the following awards: Honorable Mention: Donna Steger Fuller Phyllis Eckert Kristen Murtaugh Rita Giardina Norman Scofield 3rd Place: William Dove 2nd Place: Ivo Laurson 1st Place: Mel Piperno 8. Consent Aqenda: City Manager recommends approval. 2 10/06/98 8.A. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE DOWNTOWN DEVELOPMENT AUTHORITY ELECTION ITEMS: Authorize the Supervisor of Elections to handle and canvass absentee ballots for the November 3, 1998, Downtown Development Authority Referen- dum Election and represent the City at the requisite logic and accuracy tests. 8.B. FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $16,000.00 for an income eligible applicant under the Delray Beach Renais- sance Program, with funding from 118-1924-554-83.01 (SHIP). 8.C. REPLACEMENT APPOINTMENTS FOR PROJECT COORDINATOR POSI- TION: Approve the appointment of Paul Dorling as the City liaison to the Pineapple Grove Main Street Board of Directors, the alternate member to the Palm Beach County Beaches & Shores Council, the City representative on the Local Mitigation Strategy Steering Committee, and the alternate member to IPARC (Interlocal Plan Amendment Review Committee). 8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 21st thru October 2, 1998. 8.E. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $10,596.00 to Data Flow Systems, Inc., sole source provider, for the purchase of a remote terminal unit (RTU) to be used by the Environmental Services Department at Lift Station #16, with funding from 442-5178-536-61.83 (Water & Sewer R&R/Lift Station Rehabilitation). 2. Bid award at an estimated annual cost of $17,216.59 to Focus Camera, Inc., via City of Boca Raton bid, for photographic supplies, with funding from various departmental FY 1999 operating budgets. 3. Purchase award in the amount of $24,867.00 to Innovative Surveillance Technology (IST) for microwave equipment to be used for surveillance operations by the Police Department, with funding from 115-2141-521-64.90 (Police Department Special Projects). 8.F. AGREEMENT WITH CHILDREN'S SERVICES COUNCIL FOR THE AFTER SCHOOL PROGRAM: Approve an agreement with the Children's Services Council of Palm Beach County which provides for reim- bursement to the City from the CSC of up to $150,850 for the Parks and Recreation After School Program for the period October 1, 1998 through September 30, 1999. -3- 10/06/98 Mr. Egan moved to approve the Consent Agenda, as amended to include Item 8.F., seconded by Mr. Schmidt. 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. CONDITIONAL USE REQUEST/EDUCATIONAL FACILITY FOR DELRAY INTERNATIONAL TENNIS RESORT ACADEMY Consider a request for conditional use approval to establish an educational facility (i.e. language classes) associated with the Delray Beach Interna- tional Tennis Resort Academy at Delray Racquet Club, located east of Lindell Boulevard, south of Egret Circle. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated the propos- al involves conversion of space, including some racquet ball courts that are currently in the clubhouse, for use as classrooms to be associated with the International Tennis Academy. The intent, as stated by the applicant, is to teach English to students who are enrolled at the academy since many of them come from foreign countries. The clubhouse is located within the RM zoning district and specialized educational facilities are allowed as a conditional use subject to various restrictions and limitations. As an accessory use to the academy, the classes would not have a significant impact on the adjacent area and staff feels a determination can be made that the project meets the required findings for conditional use approval. The Planning and Zoning Board considered the request at a public hearing on September 28, 1998. There was testimony from adjacent property owners and neighborhood residents who were concerned that the educational aspect was becoming something more than simply accessory to the tennis academy. While most people did not object to it being an accessory use, there was the concern that it might eventually become something larger than what was being represented. There was also a question about the ages of the students attending the school. The regulations specifically limit this type of use to children between the ages of two to eighteen, and it seemed in the presentation that this was not being specifically proposed. Ms. Dominguez continued that the Planning and Zoning Board did discuss the proposal at length and ultimately voted to recommend approval, subject to the following conditions: -4- 10/06/98 (1) That the language school be limited to children ages 2 through 18; (2) That the language school be an accessory use to the tennis academy; (3) That the academy continue to maintain the 24 tennis courts; and (4) That the classrooms be limited to the interior space of the clubhouse facility with square footage as shown on the plan. Speaking from the audience was the following: Michael Gelfand, representinq the Delray Racquet Club (the neiqhborinq property owners), who stated that if the condi- tional use request is approved, the association desires to see each of the four conditions recommended by the Planning and Zoning Board be made part of the approval. Discussion by the Commission ensued. Mayor Alperin raised questions concerning the number of students attending the academy, the number of faculty planned for the language school as well as the number of classrooms. He commented that 12 class- rooms can accommodate quite a few students and he is a little concerned that the proposal does not really seem to be an acces- sory use. Inasmuch as the applicant's representative was not present at the meeting to answer the questions being raised, Mayor Alperin suggested postponing the item until additional information can be provided as to the number of students, why 12 different classrooms are needed, and who will be overseeing the school operation. Mr. Ellingsworth moved to postpone consideration of the conditional use request to establish an educational facility at the Delray Beach International Tennis Resort to the date certain of October 20, 1998, at 6:00 p.m. The motion was 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. 9.B. CONDITIONAL USE REQUEST/FOREIGN CAR ENGINEERING: Consider a request for conditional use approval to establish an automobile paint, body and repair shop in the MIC (Mixed Indus- trial and Commercial) District for Foreign Car Engineering. The subject property is located on the east side of Congress Avenue, approximately 720 feet north of Don Francisco's Way (N.W. 1st Street}. QUASI-JUDICIAL PROCEEDING -5- 10/06/98 The City Attorney stated this item will be conducted as a quasi-judicial proceeding which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She noted that this proposal involves part of the property that was proposed for the Solid Waste Authority recycling center. It is being purchased by the applicant for the purpose of relocating a business already located on Congress Avenue (Foreign Car Engineering) which involves auto repair, paint and body, and a towing service, with no outdoor storage. The business needs a larger site and will be constructing a new building on the subject property. The Plan- ning and Zoning Board considered the request at a public hearing on September 28, 1998. There was no public testimony and the Board voted unanimously to recommend approval of the conditional use request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: (1) That a site plan application be submitted which addresses the "Technical Items" and conditions of approval; (2) That there be no display of vehicles for sale on the premises, and that any vehicles associated with the brokerage operation be on site only for repair and restoration purposes; (3) That the towing operation be limited to vehicles that are being repaired on the premises; (4) That the hours of operation for the repair func- tions be limited to 7:00 a.m. and 7:00 p.m., Monday through Saturday; (5) That along the north and south property lines trees be installed every 25' and the hedge be maintained at 8' in height; or that the elevations be substantially changed to reduce the number of overhead doors to two, and the landscape buffer be modified accordingly; and (6) That a 3' high undulating berm be installed along Congress Avenue. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Egan moved to approve the conditional use request to establish an automobile paint, body and repair shop, and a towing service, with no outdoor storage for Foreign Car Engineer- -6- 10/06/98 ing, based upon the findings and subject to the conditions recommended by the Planning and Zoning Board. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 9.C. CONDITIONAL USE REQUEST/FIRST UNION TRUST OFFICE: Consider a request for conditional use approval to establish a financial institution in the Central Business District (CBD) for First Union Trust Office. The subject property is located at the southeast corner of East Atlantic Avenue and Venetian Drive. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated the Plan- ning and Zoning Board considered this request at a public hearing on September 28, 1998. There was no public testimony and the Board voted unanimously to recommend approval, based upon pos- itive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) of the Land Development Regulations, and policies of the Comprehensive Plan. There were no conditions of approval attached to the proposal. There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Schmidt moved to approve the conditional use request to establish a financial institution for First Union Trust Office at Atlantic Center, based upon the findings and recommendation of the Planning and Zoning Board. The motion was seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Consider a request from the Chamber of Commerce, on behalf of the Delray Beach Jaycees, to fix the amount of overtime to be paid by the Jaycees for the Holiday Pageant Parade. Mr. Ellingsworth moved to approve the request to fix the amount of overtime to be paid by the Jaycees for the Holiday Pageant Parade at $1,200.00. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. -7- 10/06/98 Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.E. BID AWARD FOR CARBON DIOXIDE (WATER TREATMENT PLANT): Consider approval of a bid award in the estimated annual amount of $51,000 to Air Liquide America Corporation as the lowest responsive bidder (second low bid), via City of West Palm Beach joint bid with Delray Beach, for the purchase of carbon dioxide to be used for Water Treatment Plant operations, with funding from 441-5122-536-52.21 (Water Treatment & Storage/Chemicals). Richard Hasko, Director of Environmental Services, stated the recommendation is to award to the second low bidder, Air Liquide America Corporation, inasmuch as the apparent low bidder, Airgas Carbonic, does not have NSF certification which means, according to EPA standards, it cannot be put into the water. Mr. Egan moved to approve the bid award to Air Liquide American Corporation for the purchase of carbon dioxide, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.F. REVIEW OF PEDI-CAB OPERATION: Consider a report from the Police Department concerning the pedi-cab service which has been operating in the East Atlantic Avenue for the past six months. Mr. Ellingsworth stated he expressed concerns about the operation of pedi-cabs in the downtown area when the trial period was first considered some six months ago. The Police Department was directed to review the operation and come back with a recom- mendation. They have done that, and the recommendation is to not allow pedi-cabs to operate on a day to day basis along East Atlantic Avenue since they present a safety concern as well as a traffic flow concern. The use of pedi-cabs during special events would not be a concern since traffic flow is usually restricted and there is a heightened awareness of pedestrian traffic. In view of the Police Department's recommendation, Mr. Ellingsworth moved to disallow the use of pedi-cabs on a daily basis in the downtown area, with the exception that they be allowed to operate during special events. The motion was seconded by Mr. Egan. Mr. Randolph suggested the motion be clarified to require City Commission approval each time there is a special event at which pedi-cabs are proposed to operate. Mr. Ellingsworth amended his motion to include the requirement that City Commission approval first be obtained for each special event at which pedi-cabs are proposed to operate. Mr. Egan amended his second. 8 10/06/98 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.G. GREAT FLORIDIANS 2000 PROGRAM: Consider making a recommendation as to a nominee or nominees for recognition through the Great Floridians 2000 Program. After discussion, it was the consensus of the City Commission to nominate Mrs. Barbara D. Smith, Dr. Solomon D. Spady and Dr. J.R. Cason, Sr. for recognition through the Great Floridians 2000 Program. At this point, the Commission moved to Item 12., First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 44-98: An ordinance amending Appendix "A" (Definitions) of the Land Development Regulations by enacting definitions of "antique" and "secondhand material" If passed, a public hearing will be scheduled for October 20, 1998. The City Manager presented Ordinance No. 44-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A" (DEFINITIONS) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING DEFINITIONS OF 'ANTIQUE' AND 'SECONDHAND MATERIAL'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Egan moved to approve Ordinance No. 44-98 on FIRST Reading, 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. 12.B. ORDINANCE NO. 39-98: An ordinance rezoning a residen- tial lot within Lambert Trailer Court (aka Floranda Trailer Park) from R-iA (Single Family Residential) to MH (Mobile Home) Dis- trict. The subject property is located at 311 S.E. 12th Road which is on the north side of 12th Road approximately 450 feet west of southbound Federal Highway. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. 9 0/06/98 The City Manager presented Ordinance No. 39-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN THE MH (MOBILE HOME) DISTRICT; SAID LAND BEING THE WEST 40 FEET OF THE EAST 120 FEET OF LOT 6, PLAT OF LAMBERT TRAILER COURT, LOCATED AT 311 SOUTHEAST 12TH ROAD, 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. (The official copy of Ordinance No. 39-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 39-98 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 40-98: An ordinance annexing a parcel of land located approximately 280 feet south of West Atlantic Avenue between Military Trail and Markland Lane; providing for a small scale Future Land Use Map amendment from County CHO/8 (Commercial High Office/Residential 8 units per acre), in part, and MR-5 (Medium Residential - 5 units/acre), in part, to City MD (Medium Density Residential 5-12 units/acre); and establishing initial zoning of RM-8 (Medium Density Residential - 8 units/acre) for Palm Gardens at Delray, a proposed assisted living facility. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. The City Manager presented Ordinance No. 40-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED BETWEEN MILITARY TRAIL AND MARKLAND LANE, APPROXIMATELY 280 FEET SOUTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DE- SCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS/ACRE) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPREHEN- -10- 10/06/98 SIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO RM-8 (MEDIUM DENSITY RESIDENTIAL - 8 DWELLING UNITS/ACRE); PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Randolph moved to approve Ordinance No. 40-98 on FIRST Reading, 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. 12.D. ORDINANCE NO. 42-98: An ordinance rezoning two parcels of land from RM-10 (Multiple Family Residential- Medium Density with a density suffix of 10 units per acre) to PRD-5 (Planned Residential Development - 5 units/acre), and from PRD-5 to RM-10, respectively, related to the realignment of a roadway within the Citation Club and Hammock Reserve developments. If passed, a quasi-judicial public hearing will be scheduled for October 20, 1998. The City Manager presented Ordinance No. 42-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING TWO PARCELS OF LAND, AS MORE PARTICULARLY DE- SCRIBED HEREIN, FROM RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER ACRE) TO PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT - 5 UNITS PER ACRE), AND FROM PRD-5 (PLANNED RESIDENTIAL DEVELOPMENT - 5 UNITS PER ACRE) TO RM-10 (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY WITH A DENSITY SUFFIX OF 10 DWELLING UNITS PER ACRE), RESPECTIVELY, ASSOCIATED WITH THE CITATION CLUB AND HAMMOCK RESERVE DEVELOPMENTS; SAID PARCELS OF LAND BEING LOCATED ALONG ORCHARD LANE, APPROXI- MATELY 600 FEET EAST OF MILITARY TRAIL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-98 is on file in the City Clerk's office.) -11- 10/06/98 The City Attorney read the caption of the ordinance. Mr. Ellingsworth moved to approve Ordinance No. 42-98 on FIRST Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Ran- dolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 43-98: An ordinance amending LDR Section 4.3.4(E), "Frontage", to provide clarifying language in the description of frontage; and amending Appendix "A" (Definitions) by repealing the current definition of 'frontage' and enacting a new definition of 'frontage' consistent with Section 4.3.4(E). If passed, a public hearing will be scheduled for October 20, 1998. The City Attorney stated that staff would like to make some changes to this ordinance as currently drafted and bring it back to the City Commission for first reading on October 20, 1998. Mr. Randolph moved to postpone consideration of Ordi- nance No. 43-98 on first reading to October 20th, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 45-98: An ordinance amending Chapter 102, "Streets and Sidewalks", Subheading "Moveable Fixtures Within the Right-of-Way", of the City Code to clarify provisions and their applicability to modular newsracks, and providing for certain other changes. If passed, a public hearing will be scheduled for October 20, 1998. The City Manager presented Ordinance No. 45-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 9, "GENERAL REGULATIONS", CHAPTER 102, "STREETS AND SIDEWALKS", BY AMENDING SUBHEAD- ING "MOVEABLE FIXTURES WITHIN THE RIGHT-OF- WAY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 102.40, "PURPOSE AND SCOPE" TO INCLUDE MODULAR , NEWSRACKS; BY AMENDING SECTION 102.41, "DEFINITIONS", TO CLARIFY THE DEFINITIONS OF NEWSRACKS AND MODULAR NEWSRACKS; BY AMENDING SECTION 102.42, "CERTIFICATE OF COMPLIANCE REQUIRED", TO CLARIFY THAT MODULAR NEWSRACKS ARE INCLUDED; BY AMENDING SECTION 102.43, "STANDARDS FOR NEWSRACK MAINTENANCE AND INSTALLATION", TO PROVIDE FOR A RETITLING OF THE SECTION AND CLARIFYING THAT THE CITY MAY -12- 10/06/98 ACT AS A CONTROLLING ENTITY OF MODULAR NEWSRACKS, PROVIDING THAT RENT AND MAINTE- NANCE COSTS ABOVE ACTUAL COSTS ARE PROHIBIT- ED, PROVIDING FOR REGULATIONS FOR THE PLACE- MENT, APPEARANCE, AND MAINTENANCE OF MODULAR NEWSRACKS; BY AMENDING SECTION 104.44, "PROHIBITED LOCATIONS", TO PROVIDE FOR CONCRETE PADS FOR MODULAR NEWSRACKS ON PUBLIC RIGHTS-OF-WAY AND CITY PROPERTY AND PROVIDING FOR RELETTERING; BY AMENDING SECTION 102.45, "INSURANCE AND INDEMNIFICATION", TO INCLUDE REQUIREMENTS FOR MODULAR NEWSRACKS; BY AMENDING SECTION 102.46, "ABANDONMENT", TO INCLUDE A STANDARD FOR ABANDONMENT OF MODULAR NEWSRACKS, AND SHORTENING THE TIME FOR A DETERMINATION OF ABANDONMENT; BY AMENDING SECTION 102.47, "ENFORCEMENT", TO INCLUDE MODULAR NEWSRACKS; BY AMENDING SECTION 102.48, "APPEALS", TO CLARIFY THE APPEAL PROCESS, PROVIDING FOR AN IMMEDIATE APPEAL TO CIRCUIT COURT IN CASES OF ABANDONMENT OF NEWSRACKS AND MODULAR NEWSRACKS, PROVIDING EXCEPTIONS TO A STAY OF THE REMOVAL OF MODULAR NEWSRACKS AND NEWSRACKS IN CERTAIN INSTANCES AND WHERE ABANDONMENT ADVERSELY AFFECTS DISTRIBUTION, PROVIDING FOR REIM- BURSEMENT OF STORAGE COSTS IF APPELLANT PREVAILS ON APPEAL; PROVIDING A GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Schmidt moved to approve Ordinance No. 45-98 on FIRST Reading, seconded by Mr. Egan. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 11. Comments and Inquiries on Non-Aqenda Items from the Public-Immediately followinq Public Hearinqs. ll.A. City Manager's response to Drior public comments and inquiries. There were no public comments or inquiries from the previous meeting requiring a response. ll.B. From the Public. 10/06/98 ll.B.1. Jerry Marshall, 2245 S.W. 22nd Avenue, stated that at the next Education Board meeting on Tuesday, October 13, 1998, at 5:30 p.m., Mr. Jay Alligood, Director of Alternative Education for the School District, will be speaking to the board about the various programs at the Delray Full Service Center. One program that is being worked on has to do with teaching competency in the building trades for young people in the 7th to 12th grades. Mr. Marshall felt this would be a worthwhile program to support in that students would have marketable skills when they come out of school and into the job market, and extended an invitation to the City Commission members to attend the upcoming meeting. ll.B.2. Frank Devine, Executive Director of the Beach Property Owners' Association, residinq at 2200 South Ocean Boulevard, stated that the BPOA commends the Parking Management Advisory Board for its continuing and conscientious efforts to come to grips with the problem of parking space which confronts Delray Beach. Of the various actions and proposals which the Parking Management Advisory Board appears to be ready to bring forward, the Beach Property Owners' Association finds it easy to support some of them but a little more difficult to support others. Mr. Devine stated he had been asked to make known that at the BPOA Board of Trustees meeting last Thursday, October 1, 1998, the Trustees voted unanimously to oppose any movement toward extend- ing night-time parking to the beachfront parking lots such as Sandoway, Anchor or Ingraham Parks. ll.B.3. Mary Lou Ciambriello, 721 Lindell Boulevard, stated she is very concerned about the problem of speeding cars on Lindell Boulevard. She has made numerous complaints to the Police Department over the last two and a half years, but the problem persists and she feels it is just a matter of time before some- body is seriously injured or killed. She suggested the City implement a plan and publicize it well that as of such and such a date a no nonsense policy will be adopted towards speeders and outline the areas that have this specific problem, with Lindell Boulevard definitely being one of the areas. Ms. Ciambriello asked for the City Commission's help and support to address and solve this very serious problem. 13. Comments and Inquiries on Non-Aqenda Items. 13.A. City Manaqer. The City Manager reminded the City Commission of the presentations to be made at the Community Redevelopment Agency meeting on Thursday, October 8th, concerning the redevelopment proposals for Block 77. The CRA Board has asked to attend the City Commission's work session on October 13th to discuss the proposals, so it would be a good idea to sit in on the presenta- tions Thursday evening. In response to Mr. Ellingsworth's inquiry about the fire damage at the Leon Weekes Environmental Preserve, the City -14- 10/06/98 Manager stated staff has contacted the County's Department of Environmental Resources Management and asked them to do an assessment of the preserve to see if any replanting of trees is needed. They are co-owners of the preserve. The County advised that because of the large fuel load on the ground that had accumulated at the time of the burn, it is not unusual to lose a lot of the mature trees a few months after the burn. We did inspect the preserve with a representative from DERM and there was evidence of seedling sand pine growth, but we will look at it again to see if we need to go in and do some additional planting. In response to Mr. Egan's comment about his neighbor- hood not receiving yard trash pickup service on the 21st of September, the City Manager reported there have been several days where pickups were not completed during that week and subsequent- ly, as of yesterday, BFI brought in a second clamshell truck to assist with the backlog. Staff is monitoring very closely and has let BFI know that at this point we are very dissatisfied with the yard trash pickup situation. This problem will continue to be worked on, but BFI really has not had enough equipment on hand to get the job done. In response to Mr. Randolph's inquiry about the land- scaping on the 1-95 barrier wall south of Lincoln Lane, the City Manager stated staff will look into this issue further consider- ing the availability of right-of-way and try to report back within the next month about what we might be able to do there, if anything. The City Manager then mentioned that at the Municipal League meeting on September 23rd, it came up that the statewide building code legislation did pass. Part of that was a statewide fire code. This will go into effect something in the time frame of 2001 or 2002. Once the statewide code takes effect, any local amendments will have to be on a countywide basis and they can only be more restrictive than the state code; they cannot be more lenient. The City Manager was unsure what this might mean as far as high rise sprinklers go, but it may mean that all the work that was done on that issue is for naught. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt had no comments or inquiries. 13.C.2. Commissioner Eqan urged the Mayor and Commissioners to try to attend the CRA meeting on October 8th to see and hear the redevelopment proposals for Block 77. Whichever project is chosen will have a major impact on the downtown area so it is very important to follow this matter closely. -15- The City Manager commented that the written materials are available in his office if anyone wants to review them in advance of the CRA meeting or at any time. 13.C.3. Commissioner Ellinqsworth commented that there was another accident at the intersection of N.Eo 5th Avenue and N.E. 1st Avenue yesterday (October 5, 1998). He realizes that a review of the area was done several months ago, but asked if it could possibly be looked at again to see if there have been more accidents and if there is any action we might be able to take to alleviate the problem. Secondly, Mr. Ellingsworth reported that at the last Intergovenmental Coordination Program Issues Forum, a committee report was presented which recommends that a taxing district be established for beach funding. He stated the Issues Forum will be meeting again on November 2, 1998, and want the governing bodies of each municipality to express an opinion concerning this recommendation. There is fear that the federal government will discontinue their portion of the funding and the recommendation is that a referendum be held on establishing a taxing district for beach renourishment. Mr. Ellingsworth also noted there is a good section of the report which indicates that a considerable amount of money could be saved if all beach erosion projects in the County were done at once under one bid. He asked for Commis- sion input to be reported back to the Issues Forum. It was the consensus of the City Commission to place this item on the October 13th workshop agenda for discussion. 13.C.4. Commissioner RandolDh had no comments or inquiries. 13.C.5. Mayor Alperin had no comments or inquiries. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearing portion of the agenda. 10. Public Hearinqs: 10.A. ORDINANCE NO. 37-98 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending LDR Section 4.4.13, "Central Business District", Subsection 4.4.13(C), "Accessory Uses and Structures Permitted", to allow Astrologists, Clairvoyants, For- tune Tellers, Palmists, Phrenologists, Psychic Readers, Spiritu- alists, Numerologists and Mental Healers as an accessory use to Book Stores, Antique Shops, Gifts Shops, Music Stores, and Arts and Crafts Shops, subject to certain special provisions. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 37-98: -16- 10/06/98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD)", SUBSECTION 4.4.13(C), "ACCESSORY USES AND STRUCTURES PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS AN ACCESSORY USE TO BOOK STORES, ANTIQUE SHOPS, GIFT SHOPS, MUSIC STORES, AND ARTS AND SHOPS WITHIN THE CBD ZONE DISTRICT, SUBJECT TO CERTAIN SPECIAL PROVISIONS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Prior to opening the public hearing, Mayor Alperin clarified that the proposed ordinance deals with adding an accessory use in the Central Business District. It is a zoning issue and is not intended to be a discussion of any particular business or individual. Mayor Alperin declared the public hearing open. Debra Dusek-Van Treese, attorney representing Shining Through located at 426 East Atlantic Avenue, urged the City Commission to consider two issues. First, Ms. Dusek-Van Treese stated the proposed accessory use was unanimously recommended for inclusion in the code by the Planning and Zoning Board on July 20, 1998, and was also recommended by the Downtown Development Authority on August 19, 1998, as being appropriate for the CBD. She stated that spiritual counseling has been in continuous operation for over 5-1/2 years in the CBD without a single complaint. It has an established history which shows that this use has been conducted in a manner that is harmonious with other allowed uses in the zone district. Ms. Dusek-Van Treese stated that the restrictions on the accessory use would make it virtual- ly undetectable from any public perspective. As the second issue, Ms. Dusek-Van Treese stated that if the City Commission chooses not to approve spiritual counseling in the CBD, the City will be forced to defend a costly lawsuit. Rina Vinci, 11545 Old Ocean Boulevard, Ocean Ridge, spoke in support of the proposed text amendment to allow psychic readers and spiritualists as an accessory use in the CBD. She -17- 10/06/98 has been a client of Shining Through since its inception and feels the spiritual counseling is a welcome addition. Carol Starr, 2861 South Seacrest Boulevard, Boynton Beach, stated she is employed by Shining Through and has seen the business grow and expand not only as a retail store but also as a place where people come to enhance their knowledge, health and well being whether it be through books, meditation or spiritual counseling. She feels the use is appropriate and provides a needed service to many people. Georqe Fiedler, 430 N.E. 7th Avenue, Delra¥ Beach, spoke in support of the proposed accessory use. As a health care professional helping people with issues such as drug and alcohol abuse, he feels it is important that spiritual counseling contin- ue in the area as another type of therapy mode available to those in need or those who want to pursue that avenue. Kate Sloan, 6551 Las Flores Drive, Boca Raton, who completed Ms. Dusek-Van Treese's comments by stating that her client is prepared to file a lawsuit in this matter and will seek substantial damages. On her own behalf, Ms. Sloan stated that spiritual counseling has been of great help to her in her person- al circumstances. It is an unobtrusive use and she encouraged the Commission to allow the use to continue at Shining Through. Steve Jones, 3507 35th Way, West Palm Beach, stated he has been doing spiritual counseling for some 13 years and is licensed by Palm Beach County. He felt psychic readings and spiritual counseling should be available for those people who choose to use the service for spiritual enlightenment. Lee Phillips, 5330 Park Place Circle, Boca Raton, who urged the City Commission to acknowledge the public support for the continuation of spiritual counseling at Shining Through. Jackie Ricard, 4972 Jefferson Road, Delra¥ Beach, spoke in support of Shining Through. She feels that the store has had a very positive effect on its customer base and strongly favors the continuation of spiritual counseling services. Mike Ricard, 4972 Jefferson Road, Delra¥ Beach, spoke in support of the proposed text amendment. Mark Denkler, President of Vince Canninq Shoes at 335 East Atlantic Avenue, expressed his opposition to the proposed text amendment. He feels zoning is a process to protect differ- ent needs of the City and psychics have been zoned in different areas from the Central Business District. He does not feel it is appropriate to allow the use within the City's downtown area. Too much has been invested in the downtown to take an action which would hurt its integrity. o/o6/ 8 Bill Wood, President of the Chamber of Commerce, 64 S.E. 5th Avenue, reiterated the Chamber's position in opposition to the accessory use as being inappropriate in the Central Business District. The Chamber believes the City has provided appropriate zoning in other locations for this particular use. Nancy Goldberq, proprietor of In Chocolate at 402 East Atlantic Avenue, questioned how the proposed accessory use would be controlled within the Central Business District? Many of the stores up and down Atlantic Avenue could be categorized as a gift store or shop and how would the use be controlled if it were to pop up at ten or fifteen shops along the Avenue. While Shining Through has provided the service very discreetly and profession- ally, Ms. Goldberg expressed concern that there could be a lot of problems if this is invited to happen in the downtown area. LaRonda Denkler, Vice-President of Vince Canninq Shoes at 335 East Atlantic Avenue, stated she was speaking on behalf of 35 businesses on East Atlantic Avenue who are opposed to the proposed use because of the bad press and the bad publicity that happens when people are cheated or swindled as happened with this use on the Avenue a few months ago. The purpose of zoning in a city is to protect the integrity and the image of certain areas as business centers. There is no infringement upon freedom of speech or religion when there are areas of the City already zoned for such use. She further expressed concern as to how the use would be controlled if it were to be allowed in the Central Business District. Suzanne Shapiro, 1221 Coconut Road, Boca Raton, stated she is the spiritual counselor who does the psychic readings at Shining Through. She asked the City Commission to look at the larger picture and see what is really happening at Shining Through in terms of caring and compassion, the intent and the results. Steve Taber, 280 N.E. 6th Avenue, Delray Beach, spoke in support of the proposed accessory use and feels that the spiritual counseling offered at Shining Through is a benefit to the community. Kirsten Goar, resident of Boynton Beach, spoke in support of Shining Through and what it has to offer to the community. There being no one else who wished to speak on this issue, the public hearing was closed. Discussion by the Commission followed. Mr. Ellingsworth commented that he takes exception to the threats that were directed at the Commission during the public hearing. The Commission does not operate under threats, but by doing what is felt to be in the best interests of the o/o6/9s residents of the City. Mr. Ellingsworth stated he would support the recommendation of the Planning and Zoning Board to deny the ordinance. Mr. Egan commented on all of the time and effort that has been spent by so many people to get the downtown turned around. In speaking with many of the merchants on East Atlantic Avenue, he found they are overwhelmingly against the proposed accessory use as being inappropriate. Based on that, Mr. Egan stated he would vote against the proposed ordinance. Mr. Randolph stated that he feels the spiritual coun- seling may well be beneficial to many people and that is a good thing if it works for them. However, looking at it from a zoning standpoint, he respects the views of the business community that the use is inappropriate for the downtown area and concurs with the Planning and Zoning Board's recommendation to deny the ordinance. Mr. Schmidt stated that he felt the proposed text amendment is appropriate. He would not support this type of business on East Atlantic Avenue in the CBD if it was a permitted or conditional use, but would support the ordinance as drafted by staff with the restrictions contained in it. Mayor Alperin reiterated that this is not an issue about one particular business or individual, but is a zoning issue as to the appropriateness of an accessory use in a specific district. Based on the testimony and comments he has heard, he feels that the people who have been here the longest and have worked the hardest to make the changes that have occurred in the downtown do not feel that this is an appropriate use for the Central Business District. Mr. Egan moved to DEN~ Ordinance No. 37-98 on Second and FINAL Reading, based upon a failure to make positive findings with respect to the Purpose and Intent statement of the CBD regulations t(Section 4.4.13(A)), Future Land Use Element Policy C-4.1, and LDR Section 2.4.5(M) (5), that the proposal is incon- sistent with the Goals, Objectives and Policies of the adopted Comprehensive Plan. The motion was seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - No; Mr. Egan Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 1 vote. (Note: Mr. Sckmidt stepped down for the followinq item. Form 8B, Memorandum of Votinq Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 10.B. ORDINANCE NO. 41-98 (FIRST READING/FIRST PUBLIC HEAR- ING): An ordinance rezoning certain parcels of land in conjunc- tion with the implementation of the Seacrest/Del-Ida Park Neigh- borhood Plan. If passed, a second public hearing will be sched- -20- 10/06/98 uled for October 20, 1998. Prior to consideration of passage of this ordinance on FIRST Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 41-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING CERTAIN PARCELS OF LAND, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-i-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT, FROM RM (MULTI- PLE FAMILY RESIDENTIAL - MEDIUM DENSITY) TO R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT, AND FROM RL (MULTIPLE FAMILY RESIDENTIAL - LOW DENSITY) TO R-1-A (SINGLE FAMILY RESIDEN- TIAL) DISTRICT; ALL AS REQUIRED TO IMPLEMENT THE SEACREST/DEL-IDA PARK NEIGHBORHOOD PLAN PURSUANT TO THE GOALS, OBJECTIVES AND POLI- CIES OF THE COMPREHENSIVE PLAN; SAID LAND BEING GENERALLY LOCATED BETWEEN SEACREST BOULEVARD AND DIXIE HIGHWAY AND BETWEEN GEORGE BUSH BOULEVARD AND ATLANTIC HIGH SCHOOL; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Mr. Scott Christensen, 10 N.E. 13th Street, President of the Se&crest Nei~kborhood Association, stated the Seacrest Association appreciates and supports all of the efforts being made by the City to move forward with the implementation of the neighborhood plan. He noted that the subject rezonings are one of the cornerstones of the plan and urged the City Commission to continue its support through adoption of Ordinance No. 41-98. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 41-98 on FIRST Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. -21- 10/06/98 (Note: Mr. Schmidt stepped down for the following item. Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, is on file in the City Clerk's office.) 10.C. ORDINANCE NO. 35-98: An ordinance rezoning a parcel of land (former Miller Dodge site) from SAD (Special Activities District) to AC (Automotive Commercial) District to accommodate Delray Kawasaki. The subject property is located on the west side of North Federal Highway, approximately 120 feet north of Allen Avenue. Prior to consideration of passage of this ordi- nance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 35-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED SAD (SPECIAL ACTIVITIES DISTRICT) IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 120 FEET NORTH OF ALLEN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORI- DA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance, and stated this item, together with Item 10.C.1., will be con- ducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on either or both of the items. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record. She stated this project involves the old Miller Dodge property which had previ- ously been zoned AC (Automotive Commercial). The zoning was changed in January, 1996, to SAD (Special Activities District) which was done in conjunction with the efforts on North Federal Highway and was intended to be a temporary measure in order to get the property cleaned up and marketed for a wider range of uses. The SAD expires in January, 1999, and the current proposal is to have Delray Kawasaki move from its current location on Federal Highway to this site, selling motorcycles and personal watercraft and also doing associated repairs. This use requires the AC (Automotive Commercial) zoning designation and conditional -22- 10/06/98 use approval for the repair aspect. Staff supports the proposal in that it meets the required findings. The property will be significantly upgraded and, hopefully, will lead to the upgrading of adjacent properties and other sites in the area. Ms. Dominguez stated the Planning and Zoning Board held a public hearing on the proposal on August 17, 1998. There was some public comment regarding the proposed repair use and con- cerns about how that might affect adjacent residential areas. These concerns have been addressed through the recommended conditions of approval associated with the conditional use request. The Planning and Zoning Board voted to recommend approval of both the rezoning and the conditional use applica- tion. Speaking on behalf of the applicant was Debora Turner, the project's lands¢&pe architect, who stated that the recommend- ed conditions of approval have been reviewed and accepted by the applicant. She presented a rendering of the development proposal and stated that the upgrades will be a great improvement to the site. A public hearing was held having been legally adver- tised in compliance 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. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Ellingsworth moved to approve Ordinance No. 35-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan - Yes. Said motion passed with a 4 to 0 vote. 10.D.1. CONDITIONAL USE REQUEST/DELRAY KAWASAKI: Consider a request for conditional use approval to allow full service vehicle repair for Delray Kawasaki Dealership, located on the west side of North Federal Highway approximately 2,800 feet south of Gulfstream Boulevard (former Dee Car Patio Factory Out- let/Miller Dodge site). QUASI-JUDICIAL PROCEEDING Mr. Ellingsworth moved to approve the conditional use request for a full service vehicle repair facility for Delray Kawasaki, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E) (5) (Required Find- ings) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: (1) That a site plan modification be submitted which addresses the "Technical Items" contained in the Planning and Zoning Department staff report; -23- 10/06/98 (2) That the repair function only be allowed as an accessory use to the dealership and limited to like items sold at the dealership; (3) That the hours of operation for the repair func- tions be limited to 8:00 a.m. until 6:00 p.m., Monday through Saturday; (4) That the repair function be limited to the 6 bays at the southwest corner of the building identified on the sketch plan (3 bays facing Dixie Highway and 3 interior to the site), and that the balance of the bay doors be maintained in a closed position; (5) That the driveways be reduced and modified to comply with LDR Sections 6.1.4 and 4.6.9; that within the land- scape area along the west side of the 3 service bays facing Dixie Highway, a hedge 4.5 feet high at the time of planting (to be maintained at 6 feet) be installed along with trees every 20 feet; (6) That a minimum of four (4) spaces be designated for vehicle drop-off; and (7) That no items be repaired or inspected outside. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Egan Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mr. Schmidt returned to the dais at this time. 10.D. ORDINANCE NO. 34-98: An ordinance providing for a small scale Future Land Use Map amendment from CF-C (Community Facilities- Churches) to Transitional, and rezoning from CF (Community Facilities) to POD (Professional Office District), for the WDBF Radio Station property located on the south side of West Atlantic Avenue, east of Homewood Boulevard. Prior to considera- tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 34-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMUNI- TY FACILITIES-CHURCHES TO TRANSITIONAL, AND REZONING FROM CF (COMMUNITY FACILITIES) DISTRICT TO POD (PROFESSIONAL OFFICE DIS- TRICT) FOR PROPERTY COMMONLY KNOWN AS THE WDBF RADIO STATION SITE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED ON THE -24- 10/06/98 SOUTH SIDE OF WEST ATLANTIC AVENUE, EAST OF HOMEWOOD BOULEVARD; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance, and stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered the project file into the record and stated that the Planning and Zoning Board held a public hearing on the proposal on July 20, 1998. The Board voted unanimously to recommend that the request be approved. Mr. Jeff Ornstein, architect for the proiect, stated the FLUM amendment and rezoning are requested to accommodate WDBF Radio Station which wishes to expand its offices and studios by constructing a new office building. Business and professional offices are not permitted under the current land use and zoning designations. With the proposed designation changes the use will be conforming and the expansion permitted. A public hearing was held having been legally adver- tised in compliance 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. There being no one who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve Ordinance No. 34-98 on Second and FINAL Reading, seconded by Mr. Egan. 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. 10.E. ORDINANCE NO. 36-98: An ordinance amending LDR Section 2.4.3(E), "Traffic Statements and Studies", by enacting a new subparagraph 2.4.3(E) (3) to provide that land use applications that will result in the addition of more than 50 employees on premises located in the City's Transportation Concurrency Excep- tion Area shall include a program to implement employer-based transportation demand management activities. Prior to considera- -25- 10/06/98 tion of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 36-98: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(E), "TRAFFIC STATEMENTS AND STUDIES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBPARAGRAPH 2.4.3(E) (3), "TRANSPORTATION DEMAND MANAGEMENT" TO PROVIDE THAT LAND USE APPLICATIONS THAT WILL RESULT IN THE ADDITION OF MORE THAN 50 EMPLOYEES ON PREMISES LOCATED IN THE CITY'S TR3tNSPORTATION CONCURRENCY EXCEPTION AREA SHALL INCLUDE SUBMITTAL OF A PROGRAM TO IMPLEMENT EMPLOYER-BASED TRANSPOR- TATION DEMAND MANAGEMENT ACTIVITIES; PROVID- ING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve Ordinance No. 36-98 on Second and FINAL Reading, seconded by Mr. Egan. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 38-98: An ordinance amending Section 113.20, "Prohibition of Nudity, Partial Nudity, Sexual Conduct at Alcoholic Beverage Establishments", of the City Code by amending Subsection 113.20(A), "Definitions", to provide an amended definition for "Alcoholic Beverage Establishment" Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public has been scheduled to be held at this time. The City Manager presented Ordinance No. 38-98: 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 AMENDING CHAPTER 113, "ALCOHOLIC -26- lO/O6/98 BEVERAGES", SECTION 113.20, "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL CONDUCT AT ALCOHOLIC BEVERAGE ESTABLISHMENTS" SUBSEC- TION 113.20 (A) , "DEFINITIONS", BY AMENDING SUBSECTION 113 . 20 (A) (1) , "ALCOHOLIC BEVERAGE ESTABLISHMENT" TO PROVIDE AN AMENDED DEFINI- TION THEREOF THAT IS DIRECTED TO COMMERCIAL AND BUSINESS ESTABLISHMENTS WHERE ALCOHOLIC BEVERAGES, BEER OR WINE IS AVAILABLE TO BE, OR IS ACTUALLY SOLD, DISPENSED, SERVED, CONSUMED, PROVIDED, POSSESSED OR OFFERED FOR SALE OR CONSUMPTION ON THE PREMISES; PROVID- ING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-98 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Charles Curtis, 1177 S.E. 3rd Avenue, Fort Lauderdale, asked what the intent of Ordinance No. 38-98 is, and what effect it will have on the number of potential sites available for adult entertainment uses? In response, Brian Shutt, Assistant City Attorney, stated the ordinance is designed to prohibit the sale and con- sumption of alcohol at an adult entertainment establishment as defined by the City's ordinances. He did not believe it would have an effect on the number of potential sites available for such uses. There being no one else who wished to speak on this item, the public hearing was closed. Mr. Egan moved to approve Ordinance No. 38-98 on Second and FINAL Reading, 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. 10.G. SALE OF CITY-OWNED PROPERTIES (HOPE 3 PROGRAM): Consider approval of the sale of City-owned properties at 235 SoW. 1st Avenue (Lot 13, Block 63, Tenbrooks, Subdivision of part of Block 63), and 608 South Swinton Avenue (South 1/2 of Lot 16, Sellers Addition to Delray Beach), to income eligible homebuyers under the Hope 3 housing program, and authorize the execution of the associated contracts. -27- 10/06/98 Lula Butler, Director of Community Improvement, stated that these two houses represent the final two houses in the ten year contract with HUD under the HOPE 3 program. The City was awarded monies about four years ago to purchase ten homes throughout the City that were HUD repossessions, boarded up and in blighted condition. It took a little while to sell the two bedroom, one bath homes, but these are the final two houses. Ms. Butler noted there is about $450,000 now to recycle and begin the process all over again. Mayor Alperin declared the public hearing open. There being no one who wished to speak on this item, the public hearing was closed. Mr. Schmidt moved to approve the sale of the two properties under the HOPE 3 program and authorize execution of the associated contracts. The motion was seconded by Mr. Ran- dolph. 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. At this point, Mayor Alperin asked if there were any additional public comments or inquiries on non-agendaed items from anyone who was not present at the meeting prior to 7:00 p.m.? Alice Finst, 707 Place Tavant, expressed her concern about the condition of the Spady House. It still appears to be in bad shape with no security, and she felt that something needs to be done to keep the house up and secure while waiting for the grant money to come in. Secondly, Mrs. Finst asked that periodic progress reports be provided on what is happening with the four-laning of Lake Ida Road between Congress Avenue and Military Trail. There being no additional comments from the public and no further business, Mayor Alperin declared the meeting adjourned at 8:10 p.m. -- ~City C~erk - r ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of -28- 10/06/98 the meeting of said City Commission of October 6, 1998, which minutes were formally approved and adopted by the City Commission ~ity ~l~k NOTE TO RE~ER: 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. -29- o/o6/9s