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05-06-08 Minutes RegMAY 6, 2008 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Brenda Montague in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, May 6, 2008. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Vice-Mayor Brenda Montague Absent - Mayor Rita Ellis Commissioner Woodie McDuffie Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Lanelda Gaskins, Acting Deputy City Clerk 2. The opening prayer was delivered by Reverend Sharon Austin with Caso~1 United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENllA APPROVAL. Vice-Mayor Montague stated there is a revised title to Item 8.J., Bid Award/Stuart and Shelby Development-Gulfstream Roofing/135 N.W. 5~~' Avenue. She noted that there is additional information for Item 9.C., Conditional Use Extension Request/Village PARC. Mr. Eliopoulos requested that Item 8.F., Service Authorization No. 07- 01/Mock, Roos & Associates of the Consent Agenda be moved to the Regular Agenda as Itcm 9.A.A. The City Attorney stated there is a request for postponement for Item 10.A., Ordinance No. 17-08 to a date certain of May 20, 2008 and Item 10.B., Ordinance No. 31-07 to a date certain of June 3, 2008. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 05/06/08 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 15, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and commending Melissa Backus - Administration/Recreation Division -Parks and Recreation Department Employee of the Year for 2007; Luigi Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division as Parks and Recreation Top Employees of the Year for 2007 Vice-Mayor Montague read and presented a proclamation hereby recognizing and commending Melissa Backus as recipient of the Parks and Recreation Department Employee of the Year Award for 2007; Luigi Pratt -Ocean Rescue Division and Dexter Hazel -Parks Maintenance Division as Parks and Recreation Top Employees of the Year for 2007. Melissa Backus, Luigi Pratt and Dexter Hazel came forward to accept their proclamations. 6.B. Recognizing Delray Intracoastal Cruise Tours - Joe & Kerry Reardon Vice-Mayor Montague read and presented a proclamation hereby recognizing and commending Joe and Kerry Reardon for their dedication and service to the community of Delray Beach, Florida. Joe and Kerry Reardon came forward to accept the proclamation. 6.C. Emergency Medical Services Week -May 18-24, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming the week of May 18, 2008 through May 24, 2008 as Emergency Medical Services Week in Delray Beach, Florida. Chief David James and Chief Danielle Connor came forward to accept the proclamation. 6.D. Therapy Dog Awareness Day -May 10, 2008 Vice-Mayor Montague noted that a proclamation hereby proclaiming May 10, ?008 as Therapy Dog Awareness Day in the City of Delray Beach, Florida will be mailed. -2- 05/06/08 6.E. P.A.N.D.O.RA.'s Neuroendocrineimmune Disorders Awareness Day - May 12, 2008 Vice-Mayor Montague read and presented a proclamation hereby proclaiming May 12, 2008 as "P.A.N.D.O.R.A.'s Neuroendocrineimmune Disorders Awareness Day" in the City of Delray Beach, Florida. Sheila DeRuzza came forward to accept the proclamation. 7. PRF,SENTATIONS: 7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, li~novation, Teamwork) Committee Employee Awards Presentation Alberta Gaum, Parks and Recreation, presented Samantha Roland with the first quarterly S.P.I.R.I.T. Award for the first quarter of 2008. Samantha is the Recreation Supervisor at the Catherine Strong Splash Park and is also a friend, coach, mentor, teacher, and playmate to most of the children in the area as well as to the children enrolled in her program. Samantha started working with the City of Delray Beach two years ago and immediately became involved with the community by helping with homework, coaching tennis, and as an instructor for the Start Smart soccer, basketball and football programs which involves both parents and children. Samantha is always positive and is not afraid of challenges or extra work, interacts with all ages, and treats everyone with respect and compassion. In addition, Samantha speaks Spanish fluently. Jeff Miller, Police Department, presented Steven Swaiisofr with the second quarterly S.P.I.R.I.T. Award for the first quarter of 2008. During the month of February a new officer was scheduled to go to night shift for Phase III of training. The day she was to be transferred the field training officer she was assigned to resigned from the program. At this point, there were no nighttime trainers available and the new recruit had not trained on the night shift during this phase of training. The recruit also needed special attention in various areas. Sergeant Sanders approached Officer Steve Swanson and asked if he would be willing to be switched from his normal day shift hours to a temporary night shift to train. Officer Swanson contacted Sergeant Sanders within 15 minutes and stated he would do it. Dot Bast, Human Resources, presented Melissa Backus with the third quarterly S.P.I.R.I.T. Award for the first quarter of 2008. Melissa is a Recreation Supervisor at Veteran's Park and in addition to doing her own work for her co-workers' maternity leave she did most of another job without compensation. Vice-Mayor Montague congratulated all of the S.P.I.R.I.T. Award recipients and stated the Commission is very proud of everyone. 7.B. Special Recognition Award -Level 5 Fitness and Conditioning Vice-Mayor Montague read into the record a Special Recognition Award for Level 5 Fitness and Conditioning. -3- 05/06/08 Dot Bast, Human Resources Consultant/Human Development, stated it is her pleasure to thank Level 5 Fitness and Conditioning and noted the Director of Operations and a personal trainer gave willingly of their own time and talent to help the City of Delray Beach with its first ever 12 week fitness challenge. She also recognized the owner of the gym on South Federal Highway in Delray Beach donated temporary memberships and made a generous offer for employees to join the gym. 7.C. Special Recognition Award -Dot Bast On behalf of the City Commission, Vice-Mayor Montague presented a Special Recognition Award to Dot Bast for her hard work and dedicated effort in spearheading the First City of Delray Beach Fitness Challenge. Dot Bast, Human Resources Consultant/Human Development, came forward to accept the award and stated this was a team effort and noted a committee was formed called the "The Bod Squad" which helped tremendously. Mike Wise, Fire-Rescue Department, stated he was involved in the Bod Squad and noted that Dot Bast deserves much credit for all her effort and work involved in this incredibly successful endeavor. Mr. Wise stated 140 City employees out of an 800 member workforce participated in this and 67 completed the entire 1.2 week program. He stated Dot's enthusiasm and passion for this is genuine and that is the true reason why this was such a success. 7.D. Iistoric Preservation Board Awards Recognition Toni Del Fiandra, Chairperson of the Historic Preservation Board (HPB), 14 Dixie Boulevard (Del-Ida Park Historic District), presented the 2008 Award recipients of the 3~ Annual Award Recognition Program. The awards are given to those property owners and their design teams who have significantly contributed to the preservation and rehabilitation of historic properties throughout the city or provided compatible new development within a historic district. Eligible projects are those that were approved by the Board within the last year. Ms. Del Fiandra recognized the following Historic Preservation Board members: Linda Lake (Vice-Chair), Roger Cope (Second Vice-Chair), Jan Kucera-Winney, JoAnn Peart, Rhonda Sexton, and Keith Snider. Ms. Del Fiandra also thanked the City Attorney's office and other City departments who give them their support and reports. Exterior Alterations -Residential 220 North Swinton Avenue, Old School Square Historic District Francis & Elizabeth Rozzo, Property Owners 14 Dixie Boulevard, Del-Ida Park Historic District Toni Del Fiandra, Property Owner Renovation/ Rehabilitation and Adaptive Reuse -Non-Residential 140 NW 4`h Avenue, West Settlers Historic District Delray Beach CRA, Property Owner -4- 05/06/08 Currie, Sowards, Aguila Architects, Architect Dave Bodker Landscape Planning, Landscape Design SIGNAGE 203 NE 1St Avenue, Old School Square Historic District Representative Maria Lorts Sachs, Sign Owner Sign ARama/Mike Sneiderman, Sign Designer PAT CAYCE ACHIEVEMENT AWARD FOR EXCELLENCE IN PRESERVATION 515 North Swinton Avenue, Del-Ida Park Historic District James and Sandee Hoesley Property Owners Roger Cope, Architect GLM Remodeling and Building, General Contractor Delray Garden Center, Landscaping 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION: Approve and ratify the action of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of April 17, 2008. 8.B. REQUEST FOR SIDEWALK DEFERRAL/501 PALM TRAIL: Approve a request to defer the installation of a sidewalk for 501 Palm Trail.. 8.C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/SEACREST SOCCER COMPLEX: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transformer for the Seacrest Soccer Complex. 8.D. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/FIRE STATION NO. 4: Approve an easement agreement between the City and Florida Power & Light, to grant access to the property described in "Exhibit A" for a pad mounted transforner for Fire Station No. 4. 8.E. HOLD HARMLESS AGREEMENT/DEPOT INDUSTRIAL CENTER, LLC/HISTORIC DEPOT SQUARE: Approve and authorize a Hold Harmless Agreement between the City and Depot Industrial Center, LLC., for work to be perforn~ed within the State right-of--way. 8.F. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGNEDA AS 1`TEM 9.A.A. 8.G. RF,SOLUTION NO. 14-08/REIMBURSEMENT RESOLUTION• Approve and adopt Resolution No. 14-08 which allows the City to be reimbursed from future borrowing for expenses relative to parking meter equipment. -5- 05/06/08 8.H. SPECIAL EVENT REQUEST/2008 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2008 Exclusive Sports Marketing Volleyball Tournaments to be held at the municipal beach on May 17 to May 18, 2008 and July 19 to July 20, 2008. 8.I. AMENDMENT NO. 1/INTERLOCAL 5` AVENUE: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) for construction/renovations to 135 N.W. 5`n Avenue. 8.J. BID AWARD/STUART AND SHELBY DEVELOPMENT/135 N.W. S~AVENUE: Approve a bid award to Stuart and Shelby Development in the amount of $610,723.00 for the rehabilitation of 135 N.W. 5`n Avenue contingent upon approval by the Community Redevelopment Agency (CRA). 8.K. PROPOSED BUDGET SUBMISSION/CHILDREN'S SERVICE COUNCIL (CSC)/BEACON CENTER AT VILLAGE ACADEMY: Authorize staff to submit the proposed budget funding request for Fiscal Year 2008/2009 to the Children's Service Council of Palm Beach County in the amount of $807,460.00 for the program and services associated with the Beacon Center at Village Academy. 8.L. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request for the Art and Jazz on the Avenue to be held on June 26, 2008, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7`n Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 15` Avenue, NE/SE 2°d Avenue, SE 3rd Avenue, NE/SE 4`n Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up; contingent upon receipt of a hold harmless agreement. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 14, 2008 through May 2, 2008. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Ron Bell Roofing, Inc. in the amount of $37,200.00 for the re-roofing of Fire Station No. 3. Funding is available from 334-6112-522-46.15 (General Construction Fund/Roof Repair-Fire Station). -6- 05/06/08 2. Bid award to Ron Bell Roofing, Inc. in the amount of $95,900.00 for the re-roofing of the former engineering office space. Funding is available from 442-5178-536-62-10 (Water & Sewer Renewal & Replacement FundBuildings). 3. Rescind contract award to APC Systems in the amount of $302,610.00 and award contract to North Star Technical Services, Inc. in the amount of $227,500.00 for the purchase and installation of specialty equipment for the new Information Technology (IT) Building under Florida State Contract #250-000-03-1. Funding is available from 334-6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). 4. Purchase award to AT&T Business, in the amount of $SO,S 15.29 for software/hardware upgrades to the Nortel Option 11C PBX System located in both the Police Department and City Hall. Funding is available from 001-1802-512-66.10 (General Fund/Books & Publication/Software), 001-1802-512-64.11 (General Fund/Machinery & Equipment/Computer Equipment), 001-2111-521-66.10 (General Fund/PoliceBooks & Publication/Software) and 001-2111-521-64.11 (General Fund/Police/Machinery & Equipment/Computer Equipment). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 07-01/MOCK, RODS & ASSOCIATES: Approve Service Authorization No. 07-01 to Mock, Roos & Associates in the amount of $95,000.00 for the final design permitting and bidding of the Intracoastal Waterway Educational Passive Park. Funding is available from 119-4151- 572-68.35 (Beautification Trust Fund/Other Improvements/ Intracoastal Waterway Educational Passive Park). Mr. Eliopoulos stated he believes in the project; however, he does not think this is the appropriate time to be spending this kind of money on a design due to the financial constraints. Richard Hasko, Director of Environmental Services, stated the project was identified a couple of years ago by the Downtown Development Authority (DDA). Mr. Hasko stated it is a very good project in terms of the function for which it is proposed a passive park under the east side of Atlantic Avenue along the Intracoastal with educational components. He stated a couple of years ago it was proposed to beautify the area and provide those amenities and the funding was in this year's Capital Budget for the design work which is where staff is right now (pre-design, surveying, property line -7- 05/06/08 determination, and final design). The City Manager stated one of things he would expect is that once the City gets close to the final design that staff go to the Florida Inland Navigation District (F.I.N.D.) to seek grant funding to help do this because it is the kind of thing that they typically seek to do to increase public access to the Intracoastal Waterway. The City Manager stated the City may not necessarily go through all the phases that are in this service authorization at this point (i.e. bidding, etc.). He stated the City does not know what kind of permitting time is involved and typically it could take a year or more to get. Mr. Fetzer asked what steps the City would have to go through before we could apply for a F.I.N.D. grant. Mr. Hasko stated he believes the City would have to have some kind of preliminary design with some preliminary design components and elements (i.e. surveying, identification of property lines). Mr. Eliopoulos moved to table this item, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.A. WAIVER RE UEST/ED MORSE CADILLAC: Consider a request for waiver of Land Development Regulations (LDR), Section 2.4.6(F), "Temporary Use Permit", allowing the installation of a 1,728 square foot temporary modular building for Ed Morse Cadillac located at 2300 South Federal Highway. (Quasi-Judicial Hearing) Vice-Mayor Montague read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi-Judicial Hearings. Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, stated this is a waiver request to allow the installation of a 1,728 square foot temporary modular building for Ed Morse Cadillac automotive dealership as a temporary office for the new car sales staff during the renovation expansion of the existing showroom. He stated this is not listed as one of the allowable temporary uses in the Code so it requires a waiver to allow this particular building. The applicant has submitted a justification statement and has met the criteria for granting the waiver as outlined in the report. Staff would like a condition of approval that the temporary modular is removed within 12 months (May 6, 2009) of the temporary use approval and that the parking and landscape areas be reconfigured to their current design. He stated based on the above finding with respect to LDR Section 2.4.7(B)(5), (a)-(d) can be made and staff recommends approval of the temporary use permit. -8- 05/06/08 Mark Marsh stated he is present to answer any questions the Commission may have. Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented (approving the waiver request subject to the condition), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.B. WAIVER REQUEST/DELRAY MAZDA: Consider a request for waiver of Land Development Regulations (LDR), Section 4.6.7(E)(7), "Sign Design Standards", allowing two (2) flat wall signs on the west elevation of the Delray Mazda property located at 2001 South Federal Highway. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is for consideration of a waiver to the Land Development Regulations 4.6.7(E)(7), pursuant to the request by the agent for the Delray Mazda car dealership located at 2001 S. Federal Highway. Delray Mazda is completing construction of a new showroom addition to replace the section of the building damaged by Hurricane Wilma. The agent is requesting approval to place two (2) flat wall signs on the west elevation. The signs will result in a more symmetrical appearance to the building and that other car dealerships in the area have similar sign layouts on their buildings. The Site Plan Review and Appearance Board (SPRAB) voted 4 to 1 supporting the waiver request. Mrs. Butler stated LDR Section 2.4.7(B)(5) allows the City Commission to grant waivers to this code, which governs signs providing the Commission shall make a finding of fact based on one of the following: (1) the granting of a waiver shall not adversely affect the neighboring area, (2) shall not significantly diminish the provision of public facilities, (3) shall not create an unsafe situation, and (4) does not result in granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Staff recommends that the Commission support the waiver request to LDR Section 4.6.7(E)(7) pursuant to the applicant's request. -9- 05/06/08 Jessica Serota, Contractor, stated she is present for any questions the Commission may have. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.C. CONDITIONAL USE EXTENSION REQUEST/VILLAGE PARC: Consider a request to extend the conditional use allowing an increase in the residential density in excess of 12 dwelling units per acre (17.8 proposed) pursuant to Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", associated with the construction of a stand alone residential development containing 104 townhome units. (Quasi-Judicial Hearing) Lanelda Gaskins, Acting Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Vice-Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Mark McDonnell, Assistant Planning Director, stated this item is for two conditional use requests for a project located on North Federal Highway. He stated the eastern part of the development is a stand alone townhouse development in the GC (General Commercial) Zoning District and noted that stand alone multi-family residential requires conditional use approval and there is also a workforce housing component and they have exceeded the 12 units per acre which is allowed provided they meet the workforce housing regulation. The property consists of a 7.81 acre site which was the home of the indoor/outdoor retail facility known as the Delray's Lost Drive-In/Swap Shop which has since been demolished. The western portion along Federal Highway will include the three buildings of a mixed-use nature. On May 2, 2006, the City Commission approved the conditional use associated with the proposed development for an increase in density between 12 and 18 units per acre (17.81 du/ac proposed) and also approved the conditional use to allow the stand alone multi-family residential development which is in the eastern portion of the site. At its meeting of May 24, 2006, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application along with the photometric and landscape plan for the site plan. There are two different categories when extension requests are being made; one is "Construction Has Not Started", one is "Construction Has Started" but has not met the 25% development completion threshold in order to lock in the approval. The applicant did in their justification statement go through a number of activities that have occurred since City Commission approval and SPRAB's approval. One is a demolition permit to clear, they put a fence up around the property, and had -10- 05/06/08 temporary development signage, and a temporary sales trailer was requested on September 15, 2006. Mr. McDonnell stated the plat is currently being reviewed by City Commission, and access approval was granted from Florida Department of Transportation (FDOT) for the highway on Federal. One of the primary reasons the applicant is cited in not having reached the 25% threshold is the weakened economy as a result of the soft real estate market and that was seen as a reasonable external circumstance beyond the control of the applicant in order to justify these requests. Staff recommends that both conditional uses one for the stand alone multi-family residential in the GC (General Commercial) zoning district and also to allow the density to exceed 12 units per acre in accord with the workforce housing ordinance be approved. Staff would like to add the following as a condition of approval: "that the site be seeded and watered until the grass is established and the perimeter construction fence removed until construction is eminent." Vice-Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension request, to please come forward at this time. There was no cross-examination or rebuttal. Vice-Mayor Montague stated in the backup there was a recommendation by the Community Redevelopment Agency (CRA) about a right turn lane and asked if any research was done regarding this. In response, Mr. McDonnell stated he knows that there are criteria that the State has for warranting aright-turn lane. He stated there was a recent development on Congress Avenue and believes it is 72 or 75 peak hour trips and then there are two other criteria. Mr. McDonnell stated the only thing he can guess is that this development did not trigger that threshold to require it and it was not carried forward as a conditional of approval by SPRAB when they approved it on May 24, 2006. Vice- Mayor Montague asked how the City would go about researching to see if it is appropriate to have aright-turn lane. Mr. McDonnell stated he could revisit the issue with Randal Krejcarek, City Engineer and ask him whether or not this particular development triggered any of those three thresholds and whether or not that should be added as a conditional of approval. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order as presented (approving the conditional use extension to allow the previous approvals to be valid until May 2, 2010 which is a 24 month extension subject to the condition that the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 05/06/08 At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 17-08 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2008-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2008-1 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2008-1 includes the Text Amendment and Future Land Use Map Amendment. (THIS ORDINANCE IS REQUESTED TO BE POSTPONED TO COME BACKAS A PUBLIC HEARING ON MAY 20, 2008) The caption of Ordinance No. 17-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2008-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSNE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2008-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-08 is on file in the City Clerk's office.) The City Attorney stated the transmittal hearing for Comprehensive Plan Amendment 2008-1 will be postponed and continued to a date certain of May 20, 2008. Mr. Eliopoulos moved to postpone and continue the transmittal hearing for Comprehensive Plan Amendment 2008-1 to a date certain of May 20, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 31-07 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations amending Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24(B), "Principal Uses and Structures", to include an additional property that is allowed the permitted uses of the Central Business District (CBD) Zoning District; -12- 05/06/08 amending Subsection 4.4.24(F), "Development Standards", to include an additional property in the Old School Square Historic Arts District (OSSHAD) that is subject to the standards of the Central Business District (CBD) Zoning District. (APPLICANT HAS REQUESTED POSTPONEMENT TO JUNE 3, 2008 REGULAR MEETING). The caption of Ordinance No. 31-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION 4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE AN ADDITIONAL PROPERTY THAT IS ALLOWED THE PERMTITID USES OF THE CBD ZONING DISTRICT; AMENDING SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-07 is on file in the City Clerk's office.) The City Attorney stated Ordinance No. 31-07 is the Second Reading and Second Public Hearing of an ordinance amending and adding to the Old School Square Historic Arts District (OSSHAD). She stated the applicant has requested a postponement of this item to a date certain of June 3, 2008 at 7:00 p.m. Mr. Fetzer moved to postpone Ordinance No. 31-07 to a date certain of June 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items. 11.A. City Manager's response to prior public comments and inquiries The City Manager had no response to prior public comments and inquiries. -13- 05/06/08 11.B. From the Public. 11.B.1. Dr Henrietta Smith, 1202 N.W. 2"d Street, Delray Beach, read a petition into the record a Petition for Down Payment Assistance from the Community Redevelopment Agency (CRA). Dr. Smith stated the petitioners are requesting that the City of Delray Beach and the Community Redevelopment Agency (CRA) provide down payment assistance to all homebuyers meeting the annual income limits for West Palm Beach and Boca Raton Metropolitan Statistical Area (MSA). 11.B.2. Angela Gray, 219 S.W. 9`h Street, Delray Beach, stated for the record the petition is not coming from the CRA but it is coming from the community. 11.B.3. Nicole Redford, Nature's Way Cafe, 20 West Atlantic Avenue, Delray Beach, stated she and her husband opened a business in Delray Beach because they love it and there is something for everyone here. She stated they immediately became active members throughout the city providing staff, food for events and fundraisers, etc. Mrs. Redford stated when they purchased the property they did not know that they were going to have to pay for outdoor seating and the three businesses that were there before them were also food establishments and had the same tables that were purchased from each buyer from the same address. She stated the Code Enforcement Board would like them to pay for outdoor seating and noted that their business does not block the sidewalk at all and they are under an awning and they have $1 million insurance policy to cover the property. Mrs. Redford stated in 2005 the Code was amended to say that even though it is private property you still have to pay the City for outdoor seating. She stated what people make in an hour by the beach or near the clubs on Atlantic Avenue is what she makes the entire week. Mrs. Redford asked if the Commission can help the community west of Swinton Avenue to help them to function. She feels they provide a wonderful service and food to Atlantic Avenue and fit the culture of Atlantic Avenue. She stated her parking does not obstruct any patrons walking by and is completely under an awning. She stated her seats are barely used and the seats let people know the business is there because they are only allowed one small sign and it is considered a historic building and therefore they cannot have anything unique or different with regard to advertising. They are allowed one sign and it is currently facing the corner of Swinton Avenue; so, if people miss it, Mrs. Redford stated at any given time she would be surprised to have 20 people in a week who actually sit out there for 20 minutes to eat. 11.B.4. Joseph Kinnie, 211 S.E. 12`h Road, Delray Beach (a little strip off Federal Highway in the middle of the Floranda Trailer Park), speaking on behalf of himself and four neighbors, stated the Floranda Trailer Park was sold to a developer approximately five years ago and the developer put in some beautiful townhouses on S.W. 10`h Street called the Heritage Club. However, he stated the condition of the Floranda Trailer Park is horrendous. Mr. Kinnie stated he has worked with Code Enforcement through emails, etc. regarding this issue but noted that there are more unoccupied units in this mobile home park than occupied. He stated the occupants that are living there now are stripping the mobile homes of their aluminum and windows. Mr. Kinnie entered photographs into the record and distributed copies to the Commission of -14- 05/06/08 the condition of the Floranda Trailer Park. 11.B.5. Alice Finst, 707 Place Tavant, Delray Beach, stated she had a problem with her water shut-off and the parts that needed to be replaced were the responsibility of the City. She complimented LaShina n'Gurumo-Tarver in the Water/Sewer Network Division, Barbara Schooler, Utilities Financial Manager (Utilities Customer Service) and Greg Stroud, Utility Maintenance Supervisor. Mrs. Finst complimented Nathaniel (Nate), Johnie, Leonas and Tom for solving the problem and feels the entire Water Department is really doing a great job and is worthy of recognition. 11.B.6. Erik Lerman, 505 Heron Drive, Delray Beach, stated Delray Beach is all about the Beach and easy access to it and it is a major attraction. He stated the parking meters are making going to the beach much less of an attraction. Mr. Lerman stated there has been a 25% increase in the money going into the meters over the last month (previously .25 for 20 minutes and now it is .25 for every 15 minutes). He stated the meters used to expire at 6:00 p.m. and now they expire at 8:00 p.m. Mr. Lerman expressed concern over the two hour time limit and noted he owns a hobie cat at the north end of the beach and is usually at the beach all day. Mr. Lerman stated having to place money in the meters every two hours is frustrating due to running back and forth. He inquired about what the citizens of Delray Beach can do to reverse some of these changes that have been made. The City Manager stated staff did discuss the time limits at the north end of the beach with the Development Services Management Group a couple of weeks ago and agreed that approximately five parking spaces at the north end of the beach will be changed to at least four hours. The City Manager stated he will check into this and let Mr. Lerman know exactly what the change is and when it should take affect. The City Manager stated the charge of .75 per hour had been the same for over 18 years and is significantly less than what neighboring cities were charging. Therefore, the City Manager explained that it was determined that now is the appropriate time to increase it. At this point, the time being 7:28 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 08-08: An ordinance repealing, in its entirety, Chapter 57, "Right-of--Way Application Process For Communications Facilities", of the Code of Ordinances and enacting a new Chapter 57, "Communications Facilities in Public Rights-of-Way", to provide the terms and conditions for the erecting, constructing, and maintaining of a communications facility in the City's public right-of--way for the provision of communications service. If passed, a public hearing will be scheduled for May 20, 2008. The caption of Ordinance No. 08-08 is as follows: -15- 05/06/08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING, IN ITS ENTIlZETY, CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" OF THE CODE OF ORDINANCES AND ENACTING A NEW CHAPTER 57, "COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY"; TO PROVIDE THE TERMS AND CONDITIONS FOR THE ERECTING, CONSTRUCTING, AND MAINTAINING OF A COMMUNICATIONS FACILITY IN THE CITY'S PUBLIC RIGHTS-OF-WAY FOR THE PROVISION OF COMMUNICATIONS SERVICE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-08 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Fetzer moved to approve Ordinance No. 08-08 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 21-08: An ordinance amending Chapter 36, "Finance; City Property Transactions", Section 36.01, "Compliance With Standard Practice Instructions", by providing that bidding for Community Development Block Grant projects shall be included as an exception from the Standard Practice Instruction. If passed, a public hearing will be scheduled for May 20, 2008. The caption of Ordinance No. 21-08 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "FINANCE; CITY PROPERTY TRANSACTIONS", SECTION 36.01, "COMPLIANCE WITH STANDARD PRACTICE INSTRUCTIONS", BY PROVIDING THAT BIDDING FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SHALL BE INCLUDED AS AN EXCEPTION FROM THE STANDARD PRACTICE INSTRUCTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 21-08 is on file in the City Clerk's office.) -16- 05/06/08 The City Attorney read the caption of the ordinance. Mr. Eliopoulos moved to approve Ordinance No. 21-08 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr.. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. RECONSIDERATION OF SPECIAL ACTION REQUEST/OFFICE DEPOT/CVS PHARMACY BUILDING: Consider a request for reconsideration to reduce the parking spaces required pursuant to Land Development Regulations (LDR) Section 4.6.9(C)(3)(A), "Requirements for Commercial Uses", by 56 spaces (from the 155 parking spaces required to the 99 spaces provided), for the Office Depot -CVS Building located at 700 N.E. 6`h Avenue. (Quasi-Judicial Hearing) 9.E. WALVER REQUESTS/OFFICE DEPOT/CVS PHARMACY BUILDING DEVELOPMENT PROPOSAL: Consider three (3) waiver requests to waive Land Development Regulations (LDR) Sections 4.6.14 (A)(1) and (2), "Visibility at Intersections", to reduce the required visibility triangle on the south side of the intersection of the driveway to N.E. 5th Avenue from 20' to 15'; and to reduce the required visibility triangles at the intersections of N.E. 5th Avenue and N.E. 8th Street and at N.E. 6th Avenue and N.E. 7th Street from 40' to 30'. (Quasi-Judicial Hearing) The City Attorney stated this Item 9.D. and Item 9.E. will be heard together in one hearing and separate votes taken on each. However, she reminded everyone that this takes three affirmative votes pursuant to the Charter to take any action this evening. Michael Weiner, Attorney with Weiner and Aronson, P.A., speaking on behalf of the Applicant, stated they expect to be there on May 28, 2008 and noted that the new elevations are in. However, he stated the elevations and criteria for waivers are two completely different standards and he does not believe one has to wait for the other. Mr. Weiner stated the waivers have to do with the criteria in LDR Section 2.4.7. Mr. Fetzer moved to postpo~ae Item 9.D. and Item 9.E. and that they brought back with other waivers that might be needed and other actions that may be needed to a date certain of June 3, 2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion to postpone passed with a 3 to 0 vote. 9.F. OLD SCHOOL SQUARE PARK EXPANSION PHASE ONE MASTER SITE PLAN/GLATTING JACKSON KERCHER ANGLIN INC.: Consider approval for Glatting Jackson Kercher Anglin Inc. to proceed with design of the Old School Square Park Expansion Phase One based on the proposed master site plan. -17- 05/06/08 Brief discussion between Richard Hasko, Director of Environmental Services and the Commission followed. Mr. Eliopoulos moved to postpone Item 9.F. to the Workshop Meeting of May 13, 2008, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.G. RESOLUTION NO. 16-08/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 16-OS amending Resolution No. 55-07 adopted September 18, 2007, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2007/2008, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2007/2008. The caption of Resolution No. 16-08 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-07 ADOPTED SEPTEMBER 18, 2007, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2007/2008, BY SETTING FORTH THE ANTICIl'ATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2007/2008; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 16-08 is on file in the City Clerk's office.) The City Manager stated the City of Delray Beach has experienced some revenue shortfalls because of the decrease in sales tax revenues (the City receives a portion of that). Also, fallen gas tax revenues and the decisions of the Federal Government to reduce interest rates have cost the City interest earnings on reserves. In addition, he stated there are additional costs that need to be accounted for particularly the Police Department contract and the contingency fund will cover that but it will require a budget adjustment. Also, in the budget amendment staff is accounting for the donation of the Federspiel Garage coming in as an asset of the City and the Hunt House that has been given to the City. These adjustments have been made in the proposed budget and it involves freezing most of the City's vacant positions and also cutting back on capital expenditures for the balance of the year to bring the budget back into balance. -18- 05/06/08 Mr. Fetzer inquired about the reserves. The City Manager stated the only impact on reserves would be the property the City purchased behind City Hall, a payment due to the County for the Planning Study that was done on Congress Avenue ($25,000.00) but the payment was never made and according to the terms of the agreement should have been made in 2006, and the City agreed on making a grant to the American Legion for the restoration of their building ($50,000.00 to be paid in four increments). The first increment has been paid; however, they have had some title issues that have taken several years to get resolved. The City Manager stated those three items will come out of prior years reserves but everything else was in the current revenue expense items. Mr. Fetzer moved to approve Resolution No. 16-08, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.H. PROPOSED AMENDMENT/IN-LIEU PUBLIC PARKING FEES: Consider whether to proceed with a City initiated amendment to the Land Development Regulations (LDR) Sections 4.6.9(E)(3) and (4) to increase current in-lieu and public parking fees, pursuant to LDR Section 2.4.5(M)(5). The associated map, LDR Section 4.6.9(E)(3)(b), would also be amended to reflect the increased fees. Scott Aronson, Parking Management Specialist, stated Ordinance No. 42- 06, adopted August 15, 2006, established the current in-lieu parking fees at $18,200.00 in Area 1 (Beach Area); $15,600.00 in Area 2 (Downtown Central Core Area); $7,800.00 in Area 3 (Pineapple Grove Way and Old School Square Historic Arts District). The $4,000.00 fee in Area 4, West Atlantic Avenue remained unchanged. Prior to Ordinance No. 42-06, the fees had not been reviewed or increased since 1999. Estimated construction costs were determined by averaging the construction costs of Old School Square and the Federspiel Parking Garages resulting in a per space construction cost of $31,705.00. Staff received information regarding the construction of parking garages from Palm Beach County. The City and County have been collaborating on the South County Governmental Center. Excluding the Palm Beach International Airport (PBIA) Garage, the average cost of construction for the garages is $25,000.00 per space. He stated he did a review of the current property values and they are a little lower than they were in 2006. Mr. Aronson stated the only information he has from the Property Appraiser's website is the 2007 property values. Mr. Aronson stated at its meeting of February 26, 2008, the Parking Management Advisory Board (PMAB) recommended waiting six months and revising estimated construction costs by subtracting the construction cost of the commercial component of the garage. He stated this has already been done. Mr. Aronson stated the Downtown Development Authority (DDA), Pineapple Grove Main Street Board and West Atlantic Redevelopment Coalition (WARC) all agreed with the PMAB's recommendation. At its meeting of March 13, 2008, the Community Redevelopment Agency (CRA) recommended a 30% increase to the in-lieu fees in Areas 1, 2 and Sand a 30% increase to the Public Parking fees. At its meeting of March 17, 2008, the Planning and Zoning Board unanimously agreed with the PMAB in not imposing any increases at -19- 05/06/08 this time. Staff requests direction from the City Commission as to how they wish to proceed. Mr. Eliopoulos stated he concurs with the Parking Management Advisory Board (PMAB) and wait six months before the City considers raising rates. Mr. Fetzer echoed comments of Mr. Eliopoulos. Vice-Mayor Montague stated she too supports the PMAB. It was the consensus of the Commission to direct staff to support the Parking Management Advisory Board (PMAB) and wait six months before the City considers raising rates and re-address this issue at that time. 9.I. AGREEMENT/WIFI SERVICES/E-PATH COMMUNICATIONS OF DELRAY BEACH: Consider approval to terminate the contract with E-Path Communications of Delray Beach in accordance with contract requirements and to seek an immediate termination upon obtaining a waiver of contractual requirements if possible. Brian Shutt, Assistant City Attorney, stated at its meeting of February 19, 2008, the City Commission approved an agreement with E-Path that gave them until April 18, 2008 to provide free Wi-Fi service downtown and that has not happened yet. Mr. Shutt stated staff is asking for a termination of the agreement and noted there is a rather lengthy process that is involved in this. He stated staff is asking the Commission to waive specific sections of the agreement those being Section 38 and Section 35 so that City staff may contact E-Path and see if they would agree to also waive those provisions so that this agreement could be terminated immediately. After brief discussion, the Commission concurred to terminate the agreement. However, Vice-Mayor Montague stated she would still like staff to look into other opportunities for free Wi-Fi services and bring back to the Commission for a Workshop Meeting. Mr. Fetzer moved to terminate and seek a waiver of the agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Vice- Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.J. SETTLEMENT OFFER IN ROBERT HAUPTFUHRER v. CITY OF DEI.RAY BEACH: Consider a Settlement Offer in the total amount of $25,000.00 in Robert Hauptfuhrer v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this deals with a boat that was impaled on the dock at the City's Marina during Hurricane Wilma in 2005. The owner of the boat has not been satisfied with any proposals. There was an appraisal of the boat based on the -20- 05/06/08 age, condition and type of boat. The City Attorney stated they have claimed that the total value of the vessel and personal property is $363,150.00. They are claiming all kinds of civil actions that may be a triple fee event. Staff feels at this time they would like to offer $25,000.00 for the vessel and any personal property items that may have been on board subject to execution of general releases. Mr. Eliopoulos moved to approve the settlement offer in the amount of $25,000.00, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.K. OFFER OF JUDGEMENT IN HEATHER LEITCH v. CITY OF DELRAY BEACH: Consider an Offer of Judgment for the total amount of $100,000.00 in Heather Leitch v. City of Delray Beach. Staff recommends denial. The City Attorney stated this is an offer of judgment in the Heather Leitch case and it stemmed from an event that happened on New Year's Eve a couple of years ago when a stray bullet hit this person. The City Attorney stated staff recommends denial of this offer of judgment. Mr. Fetzer moved to approve the denial, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion to approve the denial passed with a 3 to 0 vote. 9.L. AUTHORIZATION TO OPT OUT OF A CLASS ACTION LAWSUIT/ADDISON AND PETIT V. CITY OF TAMPA: Consider a request for authorization to opt out of a Class Action Lawsuit entitled, Addison and Petit v. City of Tampa. Terrill Pyburn, Assistant City Attorney, stated this item is a class action lawsuit involving the City of Tampa and they are trying to notify all the potential class members and that is any cities or counties that levied local business tax receipts on attorneys within the City of Delray Beach. Ms. Pyburn stated we have in the past required that a local business tax receipt be applied for local attorneys. However, she stated the generation of funds that have come from that are minimal. They would like the City of Delray Beach to participate in the cost and fees associated with this class action lawsuit and that is why the City is seeking authorization to opt out at this time because the City does not know what the fees and costs are. Mr. Eliopoulos asked where architects stand on this. The City Attorney stated this really deals with the law that says only the Supreme Court can regulate lawyers and thus cities cannot regulate lawyers. The City Manager stated this is not a regulation. -21- 05/06/08 Mr. Eliopoulos moved to approve authorization to opt out of a Class Action Lawsuit entitled Addison and Petit v. the City of Tampa, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.M. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis' appointment will be deferred to the Regular City Commission Meeting of May 20, 2008. 9.N. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Russell Yeager as a regular member to the Delray Beach Housing Authority for an unexpired term ending July 14, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Vice-Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.0. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint John Gergen as a regular member to the Parking Management Advisory Board to serve an unexpired term ending January 31, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Vice-Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments or inquiries on non-agenda items. -22- 05/06/08 13.B. City Attorney The City Attorney stated there was an issue that came up regarding appeals from the Historic Preservation Board (HPB) and noted that waivers and variances go before them. She stated waivers can be appealed to the City Commission and variances are traditionally appealed in Court. However, the City Attorney stated because of the nature of the Historic Preservation Board and their criteria being different for a variance as well, staff would like direction from the City Commission whether to amend the ordinances to provide that both waivers and variances for HPB would come to the City Commission first before taking it to Circuit Court for an appeal. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated this morning he met with Dr. Weigel at Atlantic High School and noted that the City of Delray Beach has had some huge successes in working with Atlantic High School related to things like the Police Academy and Eagle's Nest Program, etc. He stated Dr. Weigel is now asking for the City's help with the Fire Academy and would like to start a class in the upcoming school year in August. Mr. Fetzer asked if staff could make it clear of what the City's position is with Dr. Weigel on this. The City Manager stated the Fire Department would very much like to do it and it may be only a matter of funding. He stated he will find out exactly where it stands and what kind of money they are talking about. Secondly, Mr. Fetzer commented about the Citizen's Summit and stated the City of Delray Beach is very lucky have Lyle Sumek and he really likes what staff has learned with his dealings with other cities. Mr. Fetzer stated he was disappointed in the attendance and recommends that the City try to do more follow up calls and get more candidates for next year because he felt it would have been more productive with a larger group. However, Mr. Fetzer stated although the group was smaller, they had some excellent people who had a lot of great ideas. Mr. Fetzer commented on the food and suggested that there be more in the way of appetizers or hors d'oeuvres. Mr. Fetzer stated one of the tables had an idea to place on the City's water bills an opportunity for residents to make a voluntary donation to the cultural arts program. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos wished Mayor Ellis and Deputy Vice-Mayor McDuffie speedy recoveries to come back. Secondly, Mr. Eliopoulos stated he would like to know the status of the Bob Federspiel Garage. -23- 05/06/08 13.C.3. Vice-Mayor Montague Vice-Mayor Montague thanked Commissioner Eliopoulos for holding down the fort last week for several days while she, Commissioner Fetzer and Commissioner McDuffie were in Washington, D.C. She stated they had a great trip and commented about the Washington Fly-in with Congressman Ron Klein. Vice-Mayor Montague stated they also had the opportunity to do some one-on-one lobbying with all of their representatives. She thanked Commissioner Fetzer and Commissioner McDuffie for being right there with her. Vice-Mayor Montague stated they have a wonderful group of leaders in Washington that are really fighting very hard for the City's rights and the programs that the City is trying to keep alive. Vice-Mayor Montague expressed a special thanks to Doug Smith, Assistant City Manager, and Delores Rangel, Administrative Assistant for their efforts in putting together the brochures that were distributed in Tallahassee and noted these brochures were also very effective in Washington, D.C. She stated copies were distributed to Representatives and Senators as well as their staff. Vice-Mayor Montague stated she would encourage that as the City does its own lobbying that we send one staff person to interface with their staff person and feels Doug Smith, Assistant City Manager would be an appropriate person for that. She stated Congressman Hastings strongly recommended that the City of Delray Beach reconsider a Federal lobbyist and noted when times are tough is when you need lobbyists the most. Vice- Mayor Montague stated it would be nice to have someone lobbying 2-3 times a year speaking on behalf of the City of Delray Beach and suggested that this be placed as a Workshop item. There being no further business, Vice-Mayor Montague declared the meeting adjourned at 8:20 p.m. a.~;~> l~p~ City Clerk ATTEST: ~~ ~ The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on May 6, 2008, which Minutes were formally approved and adopted by the City Commission on May 20, 2008. -24- 05/06/08 ~yx~j City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -25- 05/06/08 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO A TEMPORARY MODULAR BUILDING FOR ED MORSE CADILLAC AT 2300 SOUTH FEDERAL HIGHWAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow the installation of a 1,728 square foot temporary modular building, to be used as a temporary sales trailer, for Ed Morse Cadillac has come before the City Commission on May 6, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary modular building. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 2.4.6(F) provides of a list of allowable temporary uses, modular buildings are not included in the list. The Applicant is requesting a waiver to Section 2.4.6(F) to allow a modular building as a temporary use. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request, subject to the listed condition, meet all the requirements of 2.4.7(B)(5)? That the temporary modular building is removed by May 6, 2009 and the parking/landscape areas are reconfigured to their current design after the removal of the modular building. Yes 3 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request, subject to the listed condition, to LDR Section 2.4.6(F) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6`h day of May, 2008, by a vote of 3 in favor and 0 opposed. ;~ / ATTES ~ ~ renda Montague, Vice-Mayor Ile Nubin, City Clerk ~ ~~ ~c-' 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR DELRAY MAZDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow two flat wall signs on the west elevation of the building has come before the City Commission on May 6, 2008. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Delray Mazda. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: LDR Section 4.6.7(E)(7) limits the number of signs to one per elevation. The Applicant has requested a waiver from this requirement to place two flat wall signs on the west elevation. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? Yes 3 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was Ism 9 ~ ~'~g submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Section 4.6.7(E)(7), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of May, 2008, by a vote of 3 in favor and 0 opposed. ASST: _, rends Montague, Vic ayor Ch velle Nubin, City Clerk /_ / _ °( 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL GRANTED TO VILLAGE PARC FOR STAND ALONE MULTIPLE FAMILY DEVELOPMENTS IN THE GC (GENERAL COMMERCIAL) ZONING DISTRICT AND INCREASED RESIDENTIAL DENSITY IN EXCESS OF TWELVE DWELLING UNITS PER ACRE (THE EXTENSION REQUEST) ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month conditional use extension request has come before the City Commission on May 6, 2008. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Parc Place North at Delray Beach development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(2). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 3 No 0 5. In making a determination under LDR Section 2.4.4(F)(2) the Commission shall consider the following regarding the diligence and good faith of the Developer: When the construction commenced; ~, / f The extent to which construction has proceeded; The extent to which there has been a bonafide continuous effort to develop but because of circumstances beyond the control of the developer, it was not possible to meet the 25% standard. Has the Developer shown diligence and good faith to commence and complete construction of the Parc Place North Development Project? Yes 3 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 10. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approvals to be valid until May 2, 2010 subject to the condition that states: That the site is seeded and watered until the grass is established and the perimeter construction fence removed until construction is imminent. The City Commission hereby adopts this Order this 6th day of May, 2008, by a vote of 3 in favor and 0 opposed. renda Montague, ice- Mayor ATTEST: C evelle Nubin City Clerk 2