Loading...
07-01-97 JULY 1, 1997 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, July 1, 1997. 1. Roll call showed: Present - Commissioner Ken Ellingsworth Commissioner David Randolph Commissioner David Schmidt Mayor Jay Alperin Absent - Commissioner Kevin Egan Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2. The opening prayer was delivered by Father Rolland Desormeaux, Our Lady of Perpetual Help. 3. The Pledge of Allegiance to the flag of the United States of America was given. ~. Agenda Approval. Mayor Alperin noted the addition of Item 9.G., Munici- pal League Appointment to the Citizens Advisory Committee on Airport Noise, and Item 9.H., Request for Additional Funding/July 4th Fireworks to the Regular Agenda by addendum. Mr. Ellingsworth moved to approve the Agenda as amend- ed, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. Approval of Minutes: On page 12 of the minutes of the June 17, 1997 regular meeting (Item 9.E., CRA and TED Center Application for Economic Development Administration Grant), Mr. Ellingsworth questioned the motion made by Mr. Randolph which included City funding participation for beautification not to exceed $50,000. It was his understanding that the Commission had not included financial support for beautification. It was noted that Mr. Randolph's initial motion died for lack of a second and that a subsequent motion was made and approved which did not include any financial support for beautification. The minutes as written are correct. Mr. Randolph moved to approve the Minutes of the Special Meeting of June 10, 1997 and the Minutes of the Regular Meeting of June 17, 1997, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 6. Proclamations: None 7. Presentations: 7.A. RESOLUTION NO. 49-97: A Resolution recognizing and commending A. GEORGE & SONS for 86 years of service to the residents of Delray Beach. The caption of Resolution No. 49-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING A. GEORGE AND SONS FOR EIGHTY-SIX YEARS OF CONTINUED SERVICE TO THE RESIDENTS OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 49-97 is on file in the offi- cial Resolution Book) Mayor Alperin read Resolution No. 49-97 in its entire- ty. Mr. Ellingsworth moved to approve Resolution No. 49-97, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. Mayor Alperin presented the resolution to Mr. John George who thanked the City Commission for recognizing his family. 8. CONSENT AGENDA: City Manager recommends approval. 8.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Planning and Zoning Board, Site Plan Review and Appearance Board and the Historic Preservation Board during the period June 16 through June 27, 1997. 8.B. AWARD OF BIDS AND CONTRACTS: 1. Bid award in the amount of $48,980.00 to Eagle Metal Fabricators, Inc. for repairing and repaint- lng the frames of the City's 100' Christmas tree, with funding from 334-6112-519-46.90. 2 7/01/97 2. Purchase award in the amount of $13,000.00 to H.T.E., Inc., sole source provider, for a Supple- ment to H.T.E. Software License and Services Agreement to incorporate the State Interface (NCIC/FCIC) at the Police Department, with funding from 001-2113-521-66.10. 3. Bid award to SIGA, Inc. for the 1-95 sound barrier wall landscaping, in the amount of $91,417.74: $45,160.52 from 334-4144-572-63.34; $30,000.00 from 334-4144-572-63.34 through budget transfer from 334-0000-334-36.00; and $16,257.22 from six months maintenance 334-4144-572-46.40 through budget transfers from 334-4144-572-63.31 and 334-4144-572-63.34. 8.C. COUNTY-WIDE LAW ENFORCEMENT MUTUAL AID AGREEMENT: Approve a mutual aid agreement for combined operational assis- tance and voluntary cooperation among Palm Beach County Law Enforcement Agencies. Mr. Schmidt moved to approve the Consent Agenda, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Elling- sworth Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A. RESOLUTION NO. 51-97 AUTHORIZING ACQUISITION AND ACCEPTANCE OF ASSIGNMENT AGREEMENT/NANMYER PROPERTY: Consider approval of a resolution authorizing the acquisition of the Nanmyer property located at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue, and approve the assignment agreement with the Community Redevelopment Agency to purchase the property for $30,000 plus the cost of the appraisal, with funding from 448-5411-538-61.10. The caption of Resolution No. 51-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF N.E. 14TH STREET AND N.E. 3RD AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCOR- PORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND AUTHORIZING THE CITY TO EXECUTE AN ASSIGNMENT AGREEMENT BETWEEN THE COMMUNITY 3 7/01/97 REDEVELOPMENT AGENCY AND THE CITY OF DELRAY BEACH FOR SAID PROPERTY; PROVIDING AN EFFEC- TIVE DATE. (Copy of Resolution No. 51-97 is on file in the offi- cial Resolution Book) The City Attorney stated that the purchase price of the Nanmyer property is $30,000.00, plus the cost for the appraisal. She pointed out that it has been determined that the acquisition and purchase of this property is important for the City for stormwater retention purposes. The City Manager noted that there is a flooding problem on N.E. 3rd Avenue and acquisition of this property will help in relieving this problem much earlier than was originally antici- pated. Mr. Ellingsworth moved to approve Resolution No. 51-97 and the assignment agreement with the Community Redevelopment Agency to purchase the property for $30,000, plus the cost of the appraisal, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.B. RESOLUTION NO. 50-97: Consider approval of a resolu- tion to the Palm Beach County Commission requesting the Florida Department of Natural Resources to establish an "idle speed, no wake" zone along the Intracoastal Waterway in the area north and south of the marina located 0.38 miles north of the Linton Boulevard Bridge. The caption of Resolution No. 50-97 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, REQUEST THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES TO ESTABLISH AN "IDLE SPEED-NO WAKE" ZONE ALONG THE INTRACOASTAL WATERWAY IN THE AREA NORTH AND SOUTH OF THE MARINA LOCATED 0.38 MILES NORTH OF THE LINTON BOULEVARD BRIDGE; PROVID- ING AN EFFECTIVE DATE. (Copy of Resolution No. 50-97 is on file in the offi- cial Resolution Book) The City Manager stated that David O'Connor, Rio Del Rey Shores, requested that this issue be considered because of wakes being generated between Linton Boulevard and Atlantic Avenue. He further stated the only way the State will impose a "no wake" zone is if there is a fueling station which might cause -4- 7/01/97 a hazardous condition. He noted that there is a fueling station 0.38 miles north of the Linton Boulevard bridge. The resolution could be approved as drafted since it just refers to that loca- tion and ask the State to establish an "idle speed, no wake" zone immediately north of the Atlantic Avenue bridge and immediately south of the Linton Boulevard bridge. It will then be up to the Florida Department of Natural Resources to determine how much north and south. Stan Scheinberq, President of the Tropic Isles Civic Association, stated that the area from the C-15 Canal to the Linton Boulevard bridge is very dangerous, especially on week- ends. As soon as boats leave Boca Raton (where there is speed limit posted) they hit the throttle and pick up speed in Delray Beach. Mr. Scheinberg warned that someday there is going to be a terrible accident; however, this could be avoided if the idle speed is extended from the C-15 Canal to the Linton Boulevard bridge. David O'Connor, Rio Del Rey Shores, stated that there have been a number of safety incidents in the C-15 Canal; thus, his request to have this issue reviewed. He pointed out that there is a big difference between a sign that states "idle speed, no wake" versus "slow speed, minimal wake". Boats heading south on the Intracoastal Waterway are within the idle zone all the way to the City's marina where there is a "slow speed, minimal wake" sign. This means that boats can go fast for .06 of a mile until there is another "slow speed, minimal wake" sign located by the Knowles Park boat ramp. For safety consideration, Mr. O'Connor urged the Commission to consider making an "idle speed, no wake" zone from the Atlantic Avenue bridge to the Linton Boulevard bridge. Jenna Willoughby, Dockmaster at the Delray Harbor Club Marina, asked if the Commission could assist in getting the Florida Department of Natural Resources to move the "idle speed" sign on the right side of the Linton Boulevard bridge to the left side. She concurred with comments previously voiced by Mr. O'Connor. At this point discussion ensued. Mr. Schmidt moved to approve Resolution No. 50-97, with Section 1 to be amended to read: "Idle speed, no wake" zone from the portion of the Intracoastal Waterway, immediately north of the Atlantic Avenue bridge to immediately south of the Linton Boulevard bridge, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.C. CONDITIONAL USE REQUEST/ALPHA MARBLE, INC.: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility (Alpha 5 7/01/97 Marble, Inc.) within the MIC (Mixed Industrial and Commercial) District. The subject property is located on the south side of Dr. Andre's Way, approximately 315 feet east of Congress Avenue, south of McEwen Lumber facility and adjacent to the CSX Railroad. 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, Planning Director, entered into the record the Planning and Zoning Department's File No. 97-145 on this project and a listing of pertinent documents. The request is to establish a monument and stone cutting facility in four bays of an existing warehouse. There will be no outside storage or outside component of this use proposed as all materials will be stored and processed within the structure. This company makes counter tops, tables and similar items from granite and marble. They are proposing to use 1,500 sq.ft, in the existing building which will include a cutting area, storage area, office and showroom. The request will have a minimal impact on the area. The Planning and Zoning Board considered this item at its meeting of June 16, 1997 and unanimously recommended approval subject to conditions as outlined in the staff report. The following individual presented testimony on this issue: Vincent Vidalon, Applicant, urged the Commission to approve the conditional use request so that he could continue with his business. At this point, the applicant responded to several questions asked by Commission members. There being no one else who wished to give testimony on this item, the public hearing was closed. Mr. Schmidt moved to approve the conditional use request subject to the findings and conditions as recommended by the Planning and Zoning Board, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 9.D. BID AWARD/STONE AGE PAVERS, INC.: Consider approval of a bid award in the amount of $38,535.00 to Stone Age Pavers, Inc. as the lowest responsive bidder (second iow bidder) for removal and replacement of brick pavers at Old School Square, with funding from 334-6111-519-62.10. -6- 7/0 /97 The City Manager stated that unfortunately, the lowest responsive bidder made a mistake in his proposal and subsequently withdrew his bid. Staff recommends that the bid be awarded to the second low bidder, Stone Age Pavers, Inc. Mr. Randolph moved to approve the bid award to Stone Age Pavers, Inc. (second low bidder), in the amount of $38,535.00, seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 9.E. CONTRACT AMENDMENTS/AUBURN TRACE: Consider approval of amendments to the City's agreements under the Urban Development Assistance Grant (UDAG) with respect to Auburn Trace. The City Attorney stated that there are three contract agreements which require amendments: 1) the term of the UDAG Agreement is to be extended by one month, from June 30, 2022 to August 1, 2022; and, 2) prescribed subordination language to the three notes as required by Fannie Mae. She noted that the City Attorney's Office was unsuccessful in its request to change Paragraph 8C of the UDAG Agreement. While discussing the matter with a representative, she was informed that a deed in lieu of foreclosure is rarely accepted. The request before the Commis- sion is to change three notes; three subordination agreements covering those three notes; and, the amendment to the UDAG Agreement. Mr. Randolph moved to approve the amendments to the City's agreements under the Urban Development Assistance Grant (UDAG) with respect to Auburn Trace, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint a member to the Delray Beach Housing Authority to fill an unexpired term ending July 14, 1998. Recommendation by Commis- sioner Ellingsworth, with appointment by Mayor Alperin. Mr. Ellingsworth recommended the appointment of Herman Green. Mayor Alperin accepted Mr. Ellingsworth's recommenda- tion. Mr. Ellingsworth moved to appoint Herman Green to the Delray Beach Housing Authority to fill the unexpired term ending July 14, 1998, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Ellingsworth Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 4 to 0 vote. -7- 7/01/97 9.G. MUNICIPAL LEAGUE APPOINTMENT TO THE CITIZENS ADVISORY COMMITTEE ON AIRPORT NOISE (ADDENDUM): Consider nomination of a member to the Citizens Committee on Airport Noise for considera- tion by the Palm Beach County Municipal League. The Commission expressed no interest in nominating a member to serve on the Citizens Committee on Airport Noise. 9.H. REQUEST FOR ADDITIONAL FUNDING/JULY 4TH FIREWORKS (ADDENDUM): Consider a request from the Delray Beach Joint Venture for an additional $2,000 for the July 4th fireworks display, due to increased barge costs. The City Manager stated that the Delray Beach Joint Venture had been notified of an additional cost of $2,000.00 for use of the barge unanticipated for the July 4th fireworks dis- play. Marjorie Ferrer, Downtown Coordinator for Joint Ven- ture, stated that pursuant to the fireworks service agreement, costs for the barge have exceeded the base payment of $6,000.00. These costs include a fee of $2,000 per day for a period of four days to load and unload the fireworks onto the barge. Ms. Ferret noted that there are two years left on the fireworks contract, so we will continue to have this problem for two more years. She also noted that Joint Venture is working with the fireworks company with respect to covering costs for hotel and incidental costs; however, they were unable to pay for these costs this year. The City Manager stated that there are sufficient funds in the City Manager's contingency account to cover Joint Ven- ture's added costs. It was pointed out by Mr. Schmidt that apparently the Joint Venture was forewarned of the increase since the quote was dated November 12, 1996. Ms. Fetter explained that they were aware of the additional costs; however, Joint Venture was hoping to come up with extra sponsorship to cover the cost difference but was unsuccessful. She noted that the private sector has contributed $28,000.00 towards the fireworks display. Mr. Schmidt moved to approve the additional funding of $2,000.00 for the July 4, 1997 fireworks display, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission considered the Comments and Inquiries portion of the Agenda. 8 7/01/97 ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated that at the last meeting concerns were expressed regarding the North Federal Highway redevelopment plan and getting more involvement in that plan. Staff contacted the Treasure Coast Regional Planning Council and asked that they facilitate public meetings as a disinterested party on this issue. In order to finish the North Federal Highway redevelopment plan certain issues need to be addressed; determining the most appropriate zoning designation for the Yake property, long term plans for the Delray Swap Shop, landscaping and other improvements of residential areas in the North Federal Highway area, and tying the plan to the Seacrest and Del-Ida Park neighborhood plan. The City Manager felt that it was not necessary to do a block-by-block analysis but, due to time constraints and increased development occurring along North Federal Highway, there is a need to get the plan in place. In response to comments with respect to problems with yard trash and garbage pick-up in the Chatelaine neighborhood, the City Manager reported that the City has experienced problems with the level of service being provided by the contracted vendor. Some of the problems have been resolved since the vendor added additional equipment. However, there have been 15 docu- mented complaints from the residents of Chatelaine between April and June 30, 1997. Ail of the complaints were resolved within a two day period with the exception of one related to missed bulk trash pickup. The City Manager stated that he asked the Director of Community Improvement to set up a meeting with BFI to inform them that the City is still not satisfied with their quality of service with respect to vegetative trash pickup. He emphasized that BFI needs to take quick action to get this corrected or he will formally notify them that they are in default under the terms of the contract. ll.B. From the Public. 11.B.1. Bernie Burkoff, Vice President of the Board of Rainber- ry Lakes, noted that the City Code restricts the use of barbed wire to commercial properties. Mr. Burkoff stated that the pool area in Rainberry Lakes needs further protection, including a fence along Davis Road, and asked that the Commission consider modifying the code to allow the use of barbed wire in residential areas. 11.B.1. Stan Scheinberg, representing the Tropic Isle Civic Association, suggested that the City consider initiating a Waterfront Advisory Committee so that the Commission can be advised of problems along the City's waterfront. Secondly, Mr. Scheinberg noted that many residents and organizations now own fax machines and suggested that there could ?/ol/97 be a cost saving if the agenda could be faxed rather than mailed to residents who request this service. 11.B.2. Jean Beer, 945 Tropic Boulevard, stated that there is a strong effort at the County's growth management workshops to push for the development of the Agricultural Reserve area, and ex- pressed concern that such development would have a definite impact on the City. At its last meeting, the Land Use Advisory Board acknowledged that if new development meets certain crite- ria, approximately 13,000 acres will be allowed to be developed. She emphasized that there is a possibility of land being devel- oped in a huge area located well beyond the urban service line. Mrs. Beer stated that she will not be able to attend a joint workshop meeting between the Land Use Advisory Board and the Board of County Commissioners scheduled for October 22, 1997, and urged the Commission to make sure that someone will be present at this meeting to represent the City. She stated there are three critical issues with respect to growth management: (1) maintain- ing the urban service line; (2) timing (approved areas within the urban service area will be developed first and there is enough land to be developed to the year 2015); and (3) the school situation. In conclusion, Mrs. Beer urged City officials and residents of the City to contact members of the County Commission in order to monitor actions taken by the County Growth Management Team. ll.B.3. Alice Finst, 707 Place Tavant, suggested that the City should look to its alleyway system for the possibility of having garbage pickups in the alleys rather than streets. She felt this would help to improve the overall appearance of the City since trash would not be piled on the main roadways and garbage con- tainers would not be left in front of houses. Secondly, Mrs. Finst noted that the recycling area at the north end of the City Hall parking lot looks pretty bad. There is usually a large amount of cardboard boxes and other trash lying on the pavement which is very unsightly. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 26-97: An ordinance designating the Trinity Evangelical Lutheran Church Chapel located at 400 North Swinton Avenue as a local historic site to be listed in the Local Register of Historic Places. 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. 26-97: -10- 7/01/97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, LOCATED AT 400 NORTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 26-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Alperin declared the public hearing open. Bob Miller, representing Trinity Evangelical Lutheran Church Chapel, stated that his grandfather was one of the many individuals responsible for having the church built in 1904. Mr. Miller expressed his appreciation to the City for taking action to designate the chapel as a historic site. The public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 26-97 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 25-97: An ordinance changing the Future Land Use Map designation (small scale amendment) from Commerce to General Commercial, and rezoning from MIC (Mixed Industrial and Commercial) to GC (General Commercial) District for the Country and Western Bar of Delray Beach, to be located at the northwest corner of Atlantic Avenue and the CSX Railroad, immediately west of 1-95. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL HEARING The City Manager presented Ordinance No. 25-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE MAP DESIGNATION FROM COMMERCE TO GENERAL COMMERCIAL, AND REZONING FROM MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO -11- 7/01/97 GC (GENERAL COMMERCIAL) DISTRICT, FOR LOT 1, OWEN'S COMMERCIAL SUBDIVISION, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, LOCATED AT THE NORTHWEST CORNER OF ATLANTIC AVENUE AND THE CSX RAILROAD, IMMEDIATELY WEST OF 1-95; ELECTING TO PROCEED UNDER THE SINGLE HEARING AMENDMENTS; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1997"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 25-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Planning Director, entered into the record the Planning and Zoning Department's File No. 97-172 and File No. 97-173 on this project and a listing of pertinent documents. The request is an amendment to the Future Land Use Map from Commerce to General Commercial and a change in the zoning from MIC (Mixed Industrial and Commercial) District to GC (General Commercial) District. The applicant has stated that the reason for the rezoning and land use change is to establish a country western bar at this location in the existing building. Ms. Dominguez emphasized that the specific use or the site plan is not the issue under consideration but that of the land use and zoning change. She noted that the applicant has been upset because staff confined its analysis to this specific use; but it is important to consider the appropriateness of the proposed designations as a long term use. The subject property is Lot 1 of a 3 lot subdivision and is less than 1/2 acre in size consist- ing of 7,173 sq.ft, on property currently occupied by the Delray Beach Farm Supply store. The property was annexed into the City in 1972 and has always had some type of industrial zoning. The property is located adjacent to the CSX Railroad in an industrial corridor. Staff has some concerns, particularly with respect to long term use, and the request is not consistent with the finding which needs to be made with respect to compatibility with adja- cent land uses. As outlined in the staff report, General Commer- cial located in industrial areas can create conflict with respect to traffic impact and parking demands. Staff's position is that the application does not meet the required finding that there has -12- 7/01/97 to be a valid reason for the rezoning change. These reasons include the following: 1) that the zoning had previously been changed, or was originally established, in error; 2) that there has been a change in circumstances which make the current zoning inappropriate; and, 3) that the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Staff's opinion is that this proposal does not seem to further any of the objectives or the policies of the Comprehensive Plan. Regarding the issue of parking, this lot is part of a 3 lot subdivision with all 3 lots occupied with established businesses. They share 28 parking spaces. If these buildings were to be constructed today, they would require 98 parking spaces. Thus, we are looking at a current shortage of 68 parking spaces. These buildings were constructed during the 1950's under the County's zoning standards with limited required landscaping and parking. Staff feels that the parking shortage will only be exacerbated by rezoning to General Commercial because GC uses tend to have a greater parking demand. The applicant is proposing to address this demand through an off-site parking agreement, where virtually all the parking would be provided by the proposed nightclub on the property to the west which is under separate ownership. The Planning Director noted that the City has allowed off-site parking agreements to be used for a number of years although it was limited to employee-only parking. When the City revised its Land Development Regulations in 1990, this was changed to allow customer and employee parking. Ms. Dominguez pointed out that during her tenure with the City there have been only three off-site parking agreements. In all three cases, parking agreements were used to satisfy only a portion of the parking requirements. These cases have proven to be more workable because of unified common ownership where there is a vested interest. Also, there are fewer conflicts that could arise due to the sale of one or more of the properties. She emphasized that in these particular cases, only the site plan had been considered and not the rezoning application. The staff report addresses concerns with respect to traffic impacts, especially at the Congress/Atlantic Avenue intersection. Eastbound traffic must first go west and make a U-turn, further impacting this intersection. Also, the turn lane which is used to make this eastbound U-turn already exceeds its capacity of 80% in the morning peak hours; and, 20% during the evening peak hours. Ms. Dominguez emphasized that the land use and zoning proposed is not appropriate for this particular property, regardless of the voluntary restrictions being pro- posed by the applicant. The Planning and Zoning Board considered this item at its meeting public hearing of May 17, 1997 and voted unanimously by a 7-0 vote that the request be denied based upon failure to make positive findings with applicable standards of the Compre- -13- 7/01/97 hensive Plan and the Land Development Regulations as addressed in the staff report; and based upon deficiencies in the storage capacity of the turn lane at the Congress and Atlantic Avenue intersection, and the deficiencies in the on-site parking that is available on the subject property. The following individuals addressed the Commission on this issue: Dennis P. Koehler, Agent, presented a lengthy presenta- tion of this application and introduced several expert witnesses who will later provide testimony. He stated that one of the reasons why the property is so small in size is that years ago the property owners had dedicated the right-of-way to the State for the widening of Atlantic Avenue. Mr. Koehler stated there is no executed agreement with the Owen's property at this particular time. Since the property is so small, valet parking will help to accommodate the parking situation. In conclusion, Mr. Koehler felt the proposed country and western bar would act as a catalyst for future development on West Atlantic Avenue if the land use designation and change in zoning were to be approved. James Kahn, Chief Planner with Keith & Schnars, felt that rezoning this parcel to General Commercial will not have a domino effect since no one will be requesting other commercial uses in this area. Also, he felt it would not be good planning, economical or feasible. With respect to traffic impacts, the proposed country and western bar will not be creating an adverse impact during the daytime hours as the bar will only be opened during the evening hours. Mr. Kahn also felt the proposal will be good for the City because it will upgrade the image at the western entrance to the City from West Atlantic Avenue. With respect to the issue of parking, valet parking will present a controlled situation and the entrance and exit can be barricaded. David Shine, Applicant, stated that the reason he chose this particular property is because of its location and the fact that it already has a country/western look. Mr. Koehler asked the Planning Director how the deter- mination was made that this proposal would have a negative impact on downtown redevelopment? In response, Ms. Dominguez stated that a policy of the Comprehensive Plan states that rezonings to Commercial in the outlying western portions of the City are to be discouraged under the policies and objectives related to the Central Business District and the need to revitalize the CBD. In other words, approving this request would potentially create more opportuni- ties for other businesses to compete with the downtown area. There were no individuals who wished to speak in favor of the application. -14- 7/01/97 The following individuals spoke in opposition: Norman Maslow, 5221 Estates Drive and speaking on behalf of his neighbors at The Hamlet, was opposed to the land use change and rezoning due to traffic concerns. Mr. Maslow urged the Commission to deny the application. Gerald Fillippi, Vice President of the Board of Direc- tors of High Point Section IV, opposed the conversion of the Delray Beach Farm Store to a Country and Western Bar. He pointed out that the building is very old, with frame construction and it would be a potential fire hazard for use as a nightclub. Fur- ther, there is insufficient parking to accommodate the patrons of the proposed bar; and a dangerous traffic problem will be created due to the very narrow ingress/egress from Atlantic Avenue. This would make it especially difficult for emergency vehicles to gain access to the property. Helen Coopersmith, 2122 South Ways Drive, concurred with statements made by the Planning Director and urged the Commission to deny the application. Jean Beer, 945 Tropic Boulevard and representing the Progressive Residents of Delray (PROD), stated that PROD opposes this application pursuant to reasons presented by staff and agree with staff's analysis, particularly concerning consistency and compatibility. Richard Eckerle, resident of Woodlake, cited traffic problems in this particular area and that the proposal would create a hazardous traffic situation because of its location. There being no one else who wished to give testimony on this item, the public hearing was closed. At this point, Mr. Koehler presented his closing statement. Mr. Schmidt felt that the proposal for the off-site parking arrangement is not what has been typically approved in the City because usually there is a business owner or tenant who permits the use of his lot, and we have control if the parking is to be used after a certain hour. Normally, there is one individ- ual who assures the lots availability; however, in this case there is no particular owner to ensure that a lot will be avail- able since there are several tenants who will use that lot for parking. Mr. Schmidt stated that he had been contacted by the manager of the NTW Store on Atlantic Avenue. This individual expressed a concern that during the season the store stays open until 6:30 p.m., and he foresees a problem with the bar traffic coming into the lot for the proposed use, as well as their own customers. The applicant has proposed that only valet parking will be used and that there will be no admittance into the establishment without a valet parking ticket. Mr. Schmidt -15- 7/01/97 stated that there is nothing in the agreement which states that requirement, so there is no way the City enforces the parking if it's violated. Mr. Schmidt expressed concern of setting a precedent if we were to grant the GC zoning. With respect to the issue of traffic impact, Mr. Schmidt was opposed to any business where traffic would have to make a U-turn at a major intersec- tion, no matter what time of the day. Mr. Randolph stated that he appreciates the problems voiced by staff regarding traffic concerns but he was not neces- sarily opposed to the application. He felt that it would be nice to preserve a part of history if the exterior of the building is unchanged, as proposed by the applicant. With the proposed use as a county and western bar, Mr. Randolph did not foresee any major problem since the facility would only be opened during the evening. Mayor Alperin stated that this is a difficult decision to make and that he liked the idea. It would certainly be a unique use of that building and it would be something different to add to the community which we do not presently have. He too would like to see the building unchanged but had a problem with overriding a decision made by the Planning and Zoning Board. Mayor Alperin emphasized that the only time he would override a decision is because he felt a request would be a benefit to the City. He felt that the majority of the problems could be re- solved; however, we shouldn't be using the flexibility of the Comp Plan on something like this; thus, he would reluctantly vote for denial. Mr. Schmidt moved to approve Ordinance No. 25-97 on Second and FINAL Reading, seconded by Mr. Ellingsworth. Upon roll call the Commission voted as follows: Mr. Ellingsworth - Yes; Mr. Randolph - No; Mayor Alperin - No; Mr. Schmidt -No. Said motion failed to pass with a 3 to 1 vote. Prior to roll call, the Agent asked for a postponement so that the issue of a parking agreement could be addressed. It was the consensus of the Commission to proceed with the action as they did not desire to delay the issue any further. 10.C. ORDINANCE NO. 28-97: An ordinance amending Section 8.4.1, "Authority to Make Special Assessments; Exceptions", of the Land Development Regulations to provide for the construction of walls to provide a barrier from public rights-of-way as a project for which the City may levy and collect a special assess- ment. 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. 28-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 8.4, "PUBLIC -16- 7/01/97 IMPROVEMENTS AND SPECIAL ASSESSMENTS", SECTION 8.4.1, "AUTHORITY TO MAKE SPECIAL ASSESSMENTS; EXCEPTIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF WALLS TO PROVIDE A BARRIER FROM PUBLIC RIGHTS-OF-WAY AS A PROJECT FOR WHICH THE CITY MAY LEVY AND COLLECT A SPECIAL ASSESSMENT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 28-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the law 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 address the Commission on this issue, the public hearing was closed. Mr. Ellingsworth moved to adopt Ordinance No. 28-97 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes.Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 27-97: An ordinance amending Chapter 73, "Parking Schedules", of the City Code to revise parking hours for certain lots in the downtown area. 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. 27-97: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 73, "PARKING SCHEDULES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SCHEDULE I. TO REVISE PARKING HOURS FOR CERTAIN LOTS IN THE DOWNTOWN AREA; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (Copy of Ordinance No. 27-97 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compli- ance with the law of the State of Florida and the Charter of the City of Delray Beach, Florida. -17- 7/01/97 Mayor Alperin declared the public hearing open. There being no one who wished to address the Commission on this issue, the public hearing was closed. Mr. Randolph moved to adopt Ordinance No. 27-97 on Second and FINAL Reading, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. 10.E. LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM/PROPOSED USE OF FUNDS: Conduct a public hearing on the proposed use of funds anticipated from the Local Law Enforcement Block Grant Program, and authorize staff to submit the application. Prior to consider- ation of this a public hearing has been scheduled to be held at this time. Mayor Alperin declared the public hearing open. David Junghans, Administrative Officer/Budget, stated that for the second year in a row, the Bureau of Justice Assis- tance (BJA) has offered the City a block grant in the amount of $187,440.00. The grant program requires a 10% match by the City ($18,744.00). In order to receive the funds, the City must complete the application which requires a recommendation from an established advisory board as well a holding a public hearing regarding the proposed use of the funds. The Advisory Board has been decided to commit the monies for the following programs: Volunteer Program - $15,000.00 Overtime - $36,184.00 Equipment - $155,000.00 The City Manager explained that once the proposed new computer system is totally operational, it will free-up employees who perform daily entries from hand written forms, etc. The computer system will also allow officers on the street to have more hours to do police work. The new system will free-up some positions which could either be saved for another time, or change those positions to uniformed officer positions on the street. Mayor Alperin declared the public hearing open. There being no one else to address the Commission on this issue, the public hearing was closed. Mr. Ellingsworth moved for approval of the proposed use of funds and application for the grant with funding provided either from the City Manager's contingency account or next year's Police Department budget depending on receipt and acceptance of the grant, seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Schmidt - Yes; Mr. Ellingsworth - -18- 7/01/97 Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: None 13. Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. In response to Mr. Randolph's comment from a prior meeting regarding the condition of swales along Congress Avenue, the City Manager reported that staff has contacted the County's roads department about the condition of the swales. The person from the County who is responsible for the maintenance of Con- gress Avenue within our community explained that the County cuts the grass in the swales about every four weeks and edging and trimming is done two/three times a year. They had asked for a budget increase to increase the frequency of the cutting but were turned down by the County Commission. The City Manager reported that the City has received its certification of taxable value for this year and it has increased significantly over the preliminary value. The total increase over last year is now 5.28% which is approximately 3/4 to a whole percent more than what we had been informed at the end of May, 1997. This is good news as the total 1997 preliminary total taxable value is $2,770,548,703, which is the largest increase since 1992. The City Manager pointed out that there are no items for the workshop agenda of July 8, 1997 and suggested that the workshop be rescheduled to either the 4th or 5th Tuesday. Since the millage rate needs to be determined by the end of July, along with other budget matters, it would be beneficial to have a budget workshop toward the end of the month. He suggested adding the capital budget to the regular meeting of July 15, 1997 if the agenda continues to be light). After discussion, it was the consensus of the Commis- sion to cancel the July 8th workshop. If the agenda for the July 15th regular meeting appears to be light, review of the capital budget should be added to it. Otherwise, a workshop will be scheduled for July 22, 1997. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 7/01/97 13.C.1. Mr. Ellinqworth asked about the status of street paving on S.E. 4th Street between the railroad tracks and Federal Highway. The City Manager stated that this street paving will be done within the next few months. There is a drainage problem at the intersection which needs to be corrected. Once that is done, the road will be resurfaced out to Federal Highway. Mr. Ellingsworth also inquired about street paving on N.E. 12th Street, between Seacrest Boulevard and N.E. 3rd Avenue which badly needs resurfacing. Mr. Ellingsworth also asked the City Manager to provide him with information on the dollar amount that the Community Redevelopment Agency owes the City, the status of funding and the type of repayment involved. 13.C.2. Mr. Sc~midt had no comments or inquiries. 13.C.3. Mr. Randolph had no comments or inquiries. 13.C.4. Mayor A1Derin asked if staff was monitoring the Coun- ty's actions regarding zoning and land use in the Agricultural Reserve? He emphasized that any changes in the west will have an impact upon the City and felt there is a need to be vigilant in this matter. There being no further business, Mayor Alperin declared the meeting adjourned at 8:30 p.m. ATTE~~~OR'~ 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 July 1, 1997, which minutes were formally approved and adopted by the City Commission on O(xJ~_~ I~, 1997 NOTE TO READER: If the minutes you have received are not com- pleted as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. -20- 7/01/97