11-03-98 NOVEMBER 3~ 1998
A Regular Meeting of the City Commission of. the City of Delray Beach, Florida,
was called to order by Mayor Jay Alperin in the Commission Chambers at City Hall at 6:00
P.M., Tuesday, November 3, 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 Reverend Neil Hickem, First Baptist Church
of Dekay Beach.
3_ The Pledge of Allegiance to the flag of the United States of America was given.
Aeenda Approval.
Mr. Egan requested to move Item 8.B., Consent Agenda, to the Regular Agenda.
Mr. Randolph made a motion to approve the Agenda as amended. Seconded by Mr. Egan. Upon
the 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.
Approval of Minutes:
Mr. Egan moved to approve the Minutes of the Regular Meeting of October 13,
1998, seconded by Mr. Schmidt. Upon the 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. OF NOTE:
Bible Week - November 22 thru 29~ 1998
Mayor Alperin noted the proclamation in recognition of Bible Week to be
observed November 22-29, 1998.
project, with funding from 442-5178-536-63.98 (W&S Renewal & Replacement - S.W. 1st
Water Main).
8.I. SERVICE AUTHORIZATION #8/CH2M HILL (BENCH SCALE MEM-
BRANE TREATMENT STUDY): Approve Service Authorization //8 in the amount of
$107,964.00 with CH2M Hill for consulting services in conjunction with a bench scale
membrane treatment study for compliance with EPA requirements under the Information Collec-
tion Rule section of the Safe Drinking Water Act, with funding from 441-5122-536-31.30 (Water
Treatment & Storage - Engineer/Architect).
8.J. SERVICE AUTHORIZATION #6/MPA ARCHITECTS (POMPEY PARK
BALLFIELD IMPROVEMENTS): Approve Service Authorization #6 in the amount of
$25,890.00 with MPA Architects, Inc. for the design, bidding and construction phase services for
the Pompey Park Ballfield Improvements project, with funding from 334-4172-572-63.03
(General Construction Fund/Pompey Park Ballfield).
8.K. RESOLUTION NO. 65-98: Approve a resolution assess ing costs for
nuisance abatement action required for the emergency board-up of an unsafe structure at 1630
South Congress Avenue within De[ray Estates.
The caption of Resolution No. 65-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE
7.8 "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATEMENT ACTION
REGARDING AN UNSAFE BUILDING ON LAND(S)
LOCATED WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY
TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE
COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAD LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE.
(The official copy of Resolution No. 65-98 is on file in the City Clerk's office).
8.L. RESOLUTION NO. 66-98: Approve a resolution assess ing costs for
abatement action required to remove nuisances on 30 properties throughout the City.
The caption of Resolution No. 66-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
-3- 11/03/98
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 66-98 is on file in the City Clerk's office).
8.M. RESOLUTION NO. 67-98: Approve a resolution assessing costs for abatement
action required to remove nuisances on 11 properties throughout the City.
The caption of Resolution No. 67-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 67-98 is on file in the City Clerk's office).
8.N. RESOLUTION NO. 68-98: Approve a resolution assessing costs for abatement
action required to remove nuisances on 8 properties throughout the City.
The caption of Resolution No. 68-98 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
-4- 11/03/98
OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER
100 OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, ASSESSING COSTS FOR ABATING
NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A
NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF
ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED
BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND
LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND
FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
(The official copy of Resolution No. 68-98 is on file in the City Clerk's office).
8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period October
19 thru October 30, 1998.
8.P. AWARD OF BIDS AND CONTRACTS:
1. Bid award at an estimated annual cost of
$215,850.03 to multiple vendors for the
purchase of pipe fittings and accessories, with
funding from various departmental FY 1999
operating budgets.
2. Purchase award in the amount of $42,320.00 to Molloy Brothers, Inc. for
the emergency replacement of a sanitary manhole adjacent to lift station
83, with funding from 442-5178-536-61.84 (W&S Renewal &
Replacement - Manhole Rehabilitation).
3. Purchase award in the amount of $26,920.00 to Milner Business Products,
Inc., via SNAPS (State Negotiated Agreement Price Schedule), for the
purchase of a new TEAC 24 channel digital logging recorder for the
Police Department which will upgrade the existing system for Year 2000
compliance. Pricing includes equipment, installation and training, with
funding from 001-2113-521-64.90 (Police Support Services - Other
Machinery/Equipment). Palm Beach County has committed to
reimbursing the City for this purchase.
Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr.
Ellingsworth. Upon the 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.
-5- 11/03/98
9. REGULAR AGENDA:
9.A.A. IN LIEU OF PARKING FEE AGREEMENT/VILLAS DELRAY: Approve
the in lieu of parking fee agreement for Villas Delray, a proposed mixed-use development to be
located at the southeast comer of N.E. 4th Avenue and N.E. 1st Street.
Mr. Egan stated this application was made while a current ordinance is in effect
and the Commission is required to follow it whether it is fight or wrong. Mayor Alperin
continued to state the ordinance was already voted on, and this was just a question of whether the
agreement should be signed.
Ms. Ruby stated that legally the Commission has to act on items according to the
Ordinance that exists at the current time unless there is a legal moratorium in effect, which the
City does not have.
Mr. Schmidt requested that the agreement be recorded and linked to the property
rather than the corporation. If so, then the property would be bound by the payment rather than
the corporation.
Ms. Ruby replied by stating this was a reasonable request and the language will
be added to the agreement.
Mr. Egan moved to approve the in lieu of parking fee agreement for Villas Delray
with the understanding that additional language will be added by the City Attorney, seconded by
Mr. Randolph. Upon the roll call, the Commission voted as follows: Mr. Schmidt - Yes; Mr.
Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion
passed with a 4 to 1 vote.
9.A. CONDITIONAL USE REQUEST/FINA GASOLINE STATION: Consider a
request for conditional use modification approval associated with the demolition of an existing
gasoline station and construction of a new gasoline station with convenience store/food mart for
FINA Gasoline Station. The subject property is located at the northwest comer of West Atlantic
Avenue and Barwick Road, and is zoned GC (General Commercial) District. 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 into the record the
Planning and Zoning Department's file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of October 19, 1998 and
recommended approval subject to conditions.
-6- 11/03/98
Mr. Randolph inquired about the location of the mini-mart in relation to Carver
Middle School due to the fact that the mini-mart will be selling alcohol.
Ms. Dominguez replied by stating that the current code has a 300-foot restriction,
but because the building is considered a grocery store, it is considered exempt from this
prohibition.
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 Modification request based upon
positive findings with respect to Chapter 3 (performance Standards), Section 2.4.5(E)(5) of the
Land Development Regulations, and the policies of the Comprehensive Plan subject to the
conditions recommended by the Planning and Zoning Board, .seconded by Mr. Schmidt. Upon
the 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.B. REQUEST FOR RECONSIDERATION OF WAIVER
(NONCONFORMING LOT IN THE DEL-IDA PARK HISTORIC DISTRICT):
Reconsider a request to waive LDR Section 4.1.4(C) to allow a nonconforming lot of record
located on NE 7th Street in thc Del-Ida Park Historic District, which is under the same
ownership as an adjacent lot to be sold as a separate buildablc lot. QUASI-JUDICIAL
PROCEEDING
The City Attorney stated that a vote is required whether or not the Commission
desires to reconsider this item. She continued to state that this particular vote will not be a quasi-
judicial proceeding.
Mr. Ellingsworth moved to place the item back on the agenda for reconsideration,
seconded by Mr. Egan. Upon the 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.
The City Attorney stated this item will be conducted as a quasi-judicial heating
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 into the record the
Planning and Zoning Department's file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of October 20, 1998 and
recommended denial of the waiver request by a 4-1 vote.
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There being no one who, having been duly sworn, wished to address the
Commission, the public heating was closed.
There was Commission discussion regarding the allowance of building on a 50-
foot front lot that is non-conforming to the comp plan.
Mr. Schmidt moved to approve the request for reconsideration for the Del-Ida
Park District with the stipulation that the allowance of building on a 50-foot front lot would be
sent to Planning and Zoning for further study, seconded by Mr. Egan. Upon the roll call, the
Commission voted as follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote.
9.C. RESOLUTION NO. 69-98: Consider approval of a resolution vacating and
abandoning the north/south alley right-of-way lying within Block 2, Lake View Heights, but
reserving and retaining to the City an easement over the entire area thereof, located between
N.W. 7th and N.W. 9th Streets and between N.W. 1st and N.W. 2nd Avenues, based upon
positive findings.
The City Manager presented Resolution No.69-98:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, VACATING AND
ABANDONING THE NORTH/SOUTH ALLEY RIGHT-OF-
WAY WITHIN BLOCK 2, LAKE VIEW HEIGHTS, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING
AND RETAINING TO THE CITY A UTILITY EASEMENT
FOR EXISTING PUBLIC AND PRIVATE UTILITIES OVER
THE ENTIRE AREA THEREOF.
(The official copy of Resolution No. 69-98 is on file in the City Clerk's office).
Diane Dominguez, Director of Planning and Zoning, entered into the record the
Planning and Zoning Department's file on this project and a listing of pertinent documents. The
Planning and Zoning Board considered this item at its meeting of May 18, 1998.
Thomas Wotherspoon, 701 NW 2na Avenue, explained the reasoning for the
abandonment request.
Doak Campbell, representative for Mr. and Mrs. Mark Evans of 105 NW ,./th
Street, spoke opposing the abandonment request.
There was Commission discussion regarding the easement use. Mr. Schmidt
moved to approve Resolution No. 69-98 as submitted, seconded by Mr. Egan. Upon the roll call,
the Commission voted as follows: Mr. Egan - Yes; Mr. Ellingsworth - No; Mr. Randolph - No;
Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 3 to 2 vote.
8 11/03/98
9.D. APPOINTMENT TO THE EDUCATION BOARD: Appoint a student
member to the Education Board for a two year term ending July 31, 2000. The appointment will
be made by Commissioner Schmidt.
Mr. Schmidt moved to appoint Nathan Decker as a student member to the
Education Board for a two-year term ending July 31, 2000, seconded by Mr. Egan. Upon the 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, the City Commission m~oved to the First Reading portion of the
agenda.
12. FIRST READINGS:
12.A. ORDINANCE NO. 47-98: An ordinance amending LDR Section 4.6.9(E),
"Location of Parking Spaces", and Section 4.4.13(G), "Supplemental District Regulations" in the
CBD, regarding in-lieu of parking regulations. If passed, a public hearing will be scheduled for
November 17, 1998.
The City Manager presented Ordinance No. 47-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AME~ING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS", SUBSECTION
4.6.9(E), "LOCATION OF PARKING SPACES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR REVISED IN LIEU OF PARKING
REGULATIONS; AMENDING SECTION 4.4.13, "CENTRAL
BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(G),
"SUPPLEMENTAL DISTRICT REGULATIONS", TO
EXCLUDE RESTAURANTS FROM THE REDUCED
PARKING REQUIREMENT IN THAT CERTAIN AREA OF
THE CBD MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 47-98 is on file in the City Clerk's office.)
Mr. Ron Hoggard, Senior Planner, explained that the Parking Management Board
had requested that the City impose a moratorium on in lieu parking fees until staff could study
the current ordinance. Mr. Hoggard continued to state the City Commission did not impose the
moratorium, but ordered staff to study thc current regulations and make a recommendation on
fees and financing options. This item was approved 4 to 1 by the Planning and Zoning Board to
recommend the support of the revised Ordinance.
Mr. Randolph and Mayor Alperin expressed concerns of having varied fees in
different districts.
-9- 11/03/98
Mr. Egan made a motion to continue the First Reading of Ordinance No. 47-98 to
the November 18, 1998 City Commission meeting, seconded by Mr. Randolph. Upon the 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, the time being 7:20 p.m., the Commission moved to the duly
advertised Public Heatings portion of the agenda.
10. PUBLIC HEARINGS:
10.A. ORDINANCE NO. 46-98 (FIRST READING/FIRST PUBLIC) HEARING):
An ordinance amending LDR Section 4.3.4(J), "Height", Section 4.3.4 (K), "Development
Standards Matrix", Section 4.4.3(H), "Special Regulations", and Appendix "A" (Definitions)
regarding "large homes" regulations. If passed, a second public hearing will be scheduled for
November 17, 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. 46-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION
4.3.4(J), "HEIGHT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO
PROVIDE FOR HOW HEIGHT SHALL BE DEFINED FOR
ALL SINGLE FAMILY DETACHED HOMES; AMENDING
SECTION 4.3.4(K), "DEVELOPMENT STANDARDS
MATRIX", AND SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL (R-l) DISTRICTS", SUBSECTION 4.4.3(H),
'SPECIAL REGULATIONS", TO PROVIDE FOR
TRANSITIONAL SIDE SETBACKS FOR STRUCTURES
EXCEEDING 24 FEET IN HEIGHT IN SINGLE FAMILY
RESIDENTIAL ZONE DISTRICTS, AND FOR ADDITIONAL
SETBACK AND SQUARE FOOTAGE REGULATIONS
APPLICABLE TO SINGLE FAMILY DETACHED HOMES
EXCEEDING A .40 FLOOR AREA; AMENDING APPENDIX
"A" DEFINITIONS) BY AMENDING THE DEFINITION OF
'BUILDING HEIGHT' AND ENACTING A DEFINITION FOR
"FLOOR AREA (GROSS)" AND FOR "FLOOR AREA RATIO
(FAR)"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 46-98 is on file in the City Clerk's office.)
The City Attomey 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.
-10- 11/03/98
Mr. Paul Dorling, Principal Planner, explained the background for the Ordinance.
Mayor Alperin declared the public heating open.
The following individuals spoke in opposition:
Stan Scheinberu, President of Tropical Homeowners Association
Shelly Petrolia, 920 Hyacinth Drive
Jim Cavanaugh, 919 Sea Sage Drive
Cary Glickstein, 1118 Waterway Lane
Bill Oehme, 929 Cypress Drive
Bill Wood, President Greater Delray Beach Chamber of Commerce, 64 SE
5th Avenue
Hal Jackovitz, 953 Hyacinth Drive
Steve Poe, 930 Eve Street
John Castrow, Bollander Drive
George Barbudi, 920 Cypress Drive
Richard Hogan, 968 Alamanda
Jeff McKee, 914 Cypress Drive
Mike Viola, 2321 Spanish Trail
Tony Petrolia, 920 Hyacinth Drive
Kurt Underwood, 2009 Spanish Trail
Tina Poe, 930 Eve Street
Tom Patterson, 941 Olandor Drive
Bob De,ieine, 910 Banyan Drive
Don Deserdario, 1000 White Drive
Conrad Settler, 1011 Louis Cove
Don Dornbaus, 2320 Spanish Trail
Briduette Widell, 955 Jasmine Drive
The following individuals spoke in favor:
John Bennett~ 130 Sea Breeze Avenue
Anne Fulton, 125 S Swinton Avenue
Carolyn Patten, 1020 Tamarind Road
Frank Boyer, 1015 Sea Sage Drive
Pat Dwayne, 1020 Vista Del Mar
Alice Finst, 707 Place Tavant
There being no one else who wished to address the Commission, the public
hearing was closed.
Mr. Egan recommended that the City make the restrictions available for request
by specific developments.
-11- 11/03/98
Mr. Schmidt expressed his concerns regarding the impact that the Ordinance will
have on existing residences if remodeling is considered. Mr. Schmidt agreed with Mr. Egan in
the recommendation that the City make the restrictions available for request by specific
developments. He continued to state that he does not support the Ordinance.
Mr. Randolph stated he entertained many telephone calls regarding this issue. He
continued to explain his decision making process and concluded that his decision is not to
support the Ordinance.
Mr. Ellingsworth stated the issue is a neighborhood issue and he does not support
the Ordinance.
Mayor Alperin stated the issue is not a neighborhood issue and is in support of the
Ordinance. He continued to express his opinion in support of the restrictions.
Mr. Egan moved to deny Ordinance No. 46-98 on FIRST Reading, seconded by
Mr. Randolph. Upon the roll call, the Commission voted as follows: Mr. Ellingsworth - Yes; Mr.
Randolph - Yes; Mayor Alperin - No; Mr. Schmidt - Yes; Mr. Egan - Yes. Said motion to
DENY passed with a 4 to 1 vote.
10.B. ORDINANCE NO. 43-98: An ordinance amending LDR Section 4.3.4 by
repealing Section 4.3.4(E), "Frontage", and enacting a new Section 4.3.4(E), "Front and
Frontage", to provide clarifying language; amending Appendix "A" (Definitions) by repealing
the current definition of 'frontage' and enacting a new definition of 'frontage', and by enacting a
new definition of 'lot front'. 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. 43-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.4
OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH BY REPEALING SECTION
4.3.4(E), "FRONTAGE", AND ENACTING A NEW SECTION
4.3.4(E), "FRONT AND FRONTAGE", TO PROVIDE
CLARIFYING LANGUAGE; AMENDING APPENDIX 'A"
(DEFINITIONS) BY REPEALING THE CURRENT
DEFINITION OF 'FRONTAGE' AND ENACTING A NEW
DEFINITION OF 'FRONTAGE', AND BY ENACTING A NEW
DEFINITION OF 'LOT FRONT'; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(Copy of Ordinance No. 43-98 is on file in the City Clerk's office.)
-12- 11/03/98
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 Alperin declared the public hearing open.
John Bennett, 130 Sea Breeze Avenue, asked who proposed this Ordinance and
why.
There being no one else who wished to address the Commission on this issue, the
public hearing was closed.
Mayor Alperin responded to Mr. Bennett's question by stating this Ordinance is
simply clarifying what "Frontage" meant.
Mr. Ellingsworth moved to adopt Ordinance No. 43-98 on Second and FINAL
Reading, seconded by Mr. Egan. Upon the 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.
11. Comments and Inquiries on Non-Aeenda Items from the Public-Immediately
followine Public Hearings.
11.A. CiW Manager's response to prior public comments and inquiries.
The City Manager stated there were no items requiring a response.
11.B. From the Public.
ll.B.1 Bill Schwartz, 3863 Live Oak Boulevard, expressed his opinion regarding in
lieu of parking fees and parking issues.
ll.B.2 Jean Beer, 2145 S.W. 26th Terrace, commented on agriculture reserves versus
development.
ll.B.3 Phil Bozzuto, 909 McClear.y, apologized for the behavioral patterns the
Commission was subjected to tonight.
At this point, Commission returned to the First Reading portion of the agenda.
12.B. ORDINANCE NO. 48-98: An ordinance rezoning the City's Public Works
warehouse property from PCC (Planned Commerce Center) to CF (Community Facilities)
District. The subject property is located at the southwest comer of Lake Ida Road and the CSX
Railroad, approximately 480 feet east of Congress Avenue. If passed, a quasi-judicial public
hearing will be scheduled for November 17, 1998.
The City Manager presented Ordinance No. 48-98:
-13- 11/03/98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED PCC (PLANNED COMMERCE
CENTER) IN THE CF (COMMUNITY FACILITIES) DISTRICT;
SAID LAND BEING COMMONLY KNOWN AS THE PUBLIC
WORKS WAREHOUSE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF LAKE IDA ROAD AND THE CSX
RAILROAD, AS MORE PARTICULARLY DESCRIBED
HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994", PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
(Copy of Ordinance No. 48-98 is on file in the City Clerk's office.)
Mr. Schmidt moved to approve Ordinance No. 48-98 on FIRST Reading,
seconded by Mr. Egan. Upon the 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.
13. Comments and Inquiries on Non-Agenda Items.
13.A. CiW Manaeer
None
13.B. Ci,ty Attorney
None
13.C. City. Commission
Mr. Ellingsworth thanked Mr. Schwartz for his comments regarding in lieu of
parking fees.
Mayor Alperin directed staff to look into a complaint he received from a resident
at Lavers Complex regarding the upkeep of the building and pool. He inquired whether or not the
conditions of the site could be a possible code violation.
There being no further business, Mayor Alperin declared the meeting adjourned at 8:57 P.M.
City Clerk
-14- 11/03/98
ATTEST:
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the minutes of the meeting of said City Commission of November
,minutes were formally approved and adopted by the City Commission on
~ ~/~/o/.
!
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.
-~5- 1~/03/98