Loading...
01-20-09 Regular Meeting MinutesJANUARY Z0, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Deputy Vice Mayor Eliopoulos in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, January 20, 2009. 1. Roll call showed: Present - Deputy Vice Mayor Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Mackenson Bernard Absent - Mayor Rita Ellis Vice Mayor Woodie B. McDuffie Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Deputy Vice Mayor Eliopoulos requested that Item 8.B., Final Subdivision Plat ApprovallCentres Delray. Beach be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A. He requested that Item 8.K., Temporary Parking Use Termination/Pineapple Grove of the Consent Agenda be postponed to February 3, 2009. Deputy Vice Mayor Eliopoulos requested that Item 8.P.1. Contract Award to ConServ Building Services of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. The City Attorney stated Item 8.P.3., Contract Award to Beck's Towing & Recovery, Inc. will be postponed and a bid protest has been filed regarding this item. Deputy Vice Mayor Eliopoulos requested that Item 9.B., Waiver Reguest/Worthing Place, Item 9.D., Old School Square Park Phase One Final Design/Glatting Jackson Kercher Anglin, Inc. and Item 9.E., Red Light Camera Vendor Selection of the Regular Agenda be postponed to February 3, 2009. O 1 /20/09 Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of January 6, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: 7.A. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Officer Paul Shersty, Delray Beach Police Department, stated he has been employed with the City for 18 years and when he first came to the City the recipient of the S.P.I.R.I.T. Award tonight was working at the Police Department and he came to know her. Officer Shersty stated this quarterly winner for October-December 2008 is Amy Brown, Police Dispatcher. He explained that there was another employee at the Police Department who was in financial peril and could not see his way out of it. Officer Shersty stated Amy Brown found out about what this employee needed and took $600.00 of her own money and gave this employee the money. Officer Shersty stated he also found out that Amy Brown donated $100.00 to two needy families in the City that needed money for Christmas. Officer Shersty stated Amy Brown has had hard times herself and feels she went above and beyond what a person would do. He stated this is just her nature and she has always been a caring person and willing to help. Officer Shersty stated Amy Brown is home sick and was not able to attend this evening. Officer Shersty recognized Amy Brown for being a true dedicated employee who gives back to the City. 7.B. Zion Study Circle Group-Shelly Weil Shelly Weil, 925 Greensward Lane, Delray Beach, invited the City Commission to attend the unveiling at the Delray Beach Library on Monday, January 26, 2009 at 5:30 p.m. He stated the Zion Study Circle Group has started a map project and the purpose is to show that twice All-America City is still looking to improve and improve relations. Mr. Weil invited everyone to join the Zion Study Circle Group in officially kicking off and showing the community how diverse we really are and stated their project is called "A World of Diversity and a City of Harmony". -2- O 1 /20/09 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF INTERLOCAL AGREEMENT AND APPROVAL OF TEMPORARY CONSTRUCTION EASEMENT/CITY OF BOYNTON BEACH/SOUTH CENTRAL REGIONAL WASTEMATER TREATMENT AND DISPOSAL BOARD: Approve and ratify an Interlocal Agreement between the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) and the City of Boynton Beach which allows for construction and transferring ownership of a regional force main; and approve a Temporary Construction Easement between the City and the City of Boynton Beach. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.C. RESOLUTION NO. 09-09/ABANDONMENT OF RIGHT-OF-WAY: Approve and adopt Resolution No. 09-09 abandoning a portion of the N.E. 6` Avenue (northbound Federal Highway) right-of--way in conjunction with the Centres Delray Beach ~lat (CVS Pharmacy site), located at the northwest corner of N.E. 7"' Street and N.E. 6` Avenue. The caption of Resolution No. 09-09 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH FLORIDA VACATING AND ABANDONING A PORTION OF THE N.E. 6TH AVENUE (NORTHBOUND FEDERAL HIGHWAY) PUBLIC RIGHT OF WAY LOCATED AT THE NORTHWEST CORNER OF N.E. 7TH STREET AND N.E. 6TH AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 09-09 is on file in the City Clerk's 8.D. STREET LIGHTING AGREEMENT/FLORIDA POWER & LIGHT COMPANY: Approve and authorize the execution of a Street Lighting Agreement with Florida Power & Light Company (FPL) in the amount of $26,954.83 for the removal of twenty-four (24) concrete light poles on Atlantic Avenue between S.W. 12th Avenue and S.W. 6th Avenue. Funding provided by the Community Redevelopment Agency (CRA). 8.E. CONTRACTOR PREQUALIFICATION PROCEDURE: Approve the implementation of a Contractor Prequalification Procedure which would require contractors to become prequalified with the City before they would be allowed to submit bids on certain types of construction projects. -3- O 1 /20/09 8.F. GRANT AGREEMENT AND AMENDMENT NO. 1 TO QUALITY TRANSPORT AGREEMENT/DOWNTOWN ROUNDABOUT SHUTTLE: Approve and authorize the Mayor to execute a Grant Agreement with Palm Beach County for the acceptance of funds in an amount not to exceed $90,000.00 over a three (3) year period; and to execute Amendment No. 1 to the Agreement with Quality Transport Services, Inc. for expansion of the Downtown Roundabout Shuttle Route lA. 8.G. MEMORANDUM OF UNDERSTANDING/PALM BEACH COUNTY/LAW ENFORCEMENT EXCHANGE: Approve a Memorandum of Understanding with law enforcement agencies in Palm Beach County who participate in an information sharing initiative known as the Law Enforcement Exchange (LEX). 8.H. ~ AMENDMENT NO. 2/TRI-PARTY OPERATING AGREEMENT/MIRACLE LEAGUE FIELD: Approve Amendment No. 2 to the Tri- Party Operating Agreement between the City, Miracle League of Delray Beach, Inc. and Anthony V. Pugliese, III, to extend the term to complete construction from two (2) years to four (4) years from the execution of the Agreement. 8.I. REIMBURSEMENT AGREEMENT/MIRACLE LEAGUE OF DELRAY BEACH, INC.: Approve a Reimbursement Agreement between the City and Miracle League of Delray Beach, Inc. in the amount of $250,000.00 for construction costs of the Miracle League Field. 8.J. ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Approve the Analysis of Impediments to Fair Housing Choice (AI) required by the United States Housing & Urban Development Department (HUD) for utilization of federal grant funds. 8.K. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. 8.L. DONATION/COMMUNITY NEIGHBORHOOD HELPING, INC.: Approve the donation of two (2) used City Crown Victoria cars to Community Neighborhood Helping; Inc. 8.M. ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/S.W. 7Tx AVENUE: Approve and accept aright-of--way deed between the City and Carolyn Young, for property located along the east side of S.W. 7"' Avenue. 8.N. SPECIAL EVENT REQUEST/4`h ANNUAL LYMPHOMATHON SK WALK: Approve a special event request to endorse the 4` Annual Lymphomathon SK Walk to be held on Saturday, March 28, 2009 beginning at 5:30 a.m., for set' up, until approximately 10:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the sidewalks along A-1-A, to authorize staff support for traffic control and to waive parking fees in the Anchor Park lot from 7:00 a.m. to approximately 10:00 a.m.; contingent upon the receipt of a hold harmless agreement and -4- O 1 /20/09 certificate of event liability insurance. S.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 5, 2009 through January 16, 2009. 8.P. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 2. Contract award to Pristine Water Solutions in an estimated amount of $110,000.00 for the remainder of FY 08-09 for the purchase and delivery of Poly Phosphate at $1.29 per pound. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund/Operating Supplies/Chemicals). 3. Contract award to Beck's Towing & Recovery, Inc. with annual franchise fees to be paid to the City in the amount of $162,400.00 for wrecker/towing services for the Police Department. Mr. Bernard moved to approve the Consent Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FINAL SUBDIVISION PLAT APPROVAL/CENTRES DELRAY BEACH: Approve a final subdivision plat for Centres Delray Beach, a two (2) lot retail site associated with a proposed CVS Pharmacy Development, located between N.E. 6tn Avenue (northbound Federal Highway) and N.E. St Avenue (southbound Federal Highway), south of N.E. 8`h Street (George Bush Boulevard). Deputy Vice Mayor Eliopoulos stated one of the things that went through the approval process was with regards to the CVS project (the north part of the site). He stated they have aturn-a-round lane which after the right-of--way dedication is given to George Bush the actual turn lane for the drive-thru will be approximately one foot off the property line. Deputy Vice Mayor Eliopoulos stated normally there is a five foot buffer for landscaping and expressed concern whether or not there are other waivers and/or agreements that have been made with regards to landscaping. Paul Dorling, Director of Planning and Zoning, stated there have been no agreements made; however, there is some ground cover and some hedge material as well as two holly trees in that area that will have to come before the Commission for a landscape agreement to place that material in the one foot that is on their property and the right-of--way of the City. Mr. Dorling stated this is something that the Commission will have to address at the site plan stage. He stated the plat is one of the conditions of the -5- 01 /20/09 site plan and this agreement would be another condition that they will need to address in the future. Mr. Bernard moved to approve Item 9.A.A., seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. CONTRACT AWARD TO CONSERV BUILDING SERVICES IN THE AMOUNT OF $46,894.00 FOR CITY HALL HVAC SYSTEMS REPAIR. FUNDING IS AVAILABLE FROM 334-6112-519-64.90 (GENERAL CONSTRUCTION FUND/OTHER MACHINERY/EQUIPMENT) Richard Hasko, Director of Environmental Services, stated this item is a request for approval of the purchase of replacement parts for the City Hall A/C system. Staff initially had a capital project for this that was going to be proposed in this year's CIP (Capital Improvement Program). Mr. Hasko stated the City did about half of the estimated costs of the work last year when we updated the computer software that operated the system. He stated that allowed the City to reduce the capital impact this year and that is to complete that work. Deputy Vice Mayor Eliopoulos stated he wanted to know more of the history of this with regards to bidding and how the City came to selecting this company. Mr. Hasko stated ConServ is the City's current annual HVAC vendor and those contracts are either bid annually or extended (in each contract the City Manager has the authorization to extend for usually a period of three years or two extensions). Mr. Fetzer moved to approve Item 9.A.A.A., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.A. WAIVER REQUEST/PUGLIESE OFFICE BUILDING: Consider a request for waiver of Land Development Regulations (LDR) Section 4.6.7(E)(7), "Design Standards Matrix", for signs on the Pugliese Office Building located at 101 Pugliese Way. (Quasi-Judicial Hearing) Deputy Vice Mayor Eliopoulos read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent Quasi- Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Eliopoulos asked the Commission to disclose their ex parte communications. Mr. Bernard stated he received a telephone call from Meryl Steinberger. Deputy Vice Mayor Eliopoulos stated he received a telephone call from Meryl Steinberger. Mr. Fetzer stated he received a telephone call from Meryl Steinberger. -6- O 1 /20/09 Lula Butler, Director of Community Improvement, entered the file into the record. Mrs. Butler stated the item before the Commission tonight is consideration of a waiver to the Land Development Regulations Section 4.6.7(E)(7) pursuant to the request by the agent for the Pugliese Office Building located at 101 Pugliese Way. This item was considered by the Site Plan Review and Appearance Board (SPRAB) at their meeting of December 10, 2008. The applicant is requesting to exceed the maximum 160 square feet allowed per sign and increase the sign copy to 202.5 square feet. SPRAB voted 3 to 2 supporting the applicant's request. Mrs. Butler stated the City needs to consider the impact of this and staff is not able to support it because they feel that this would be setting a precedent. Staff's position was that the sign could come into compliance by all of the copy being on one line on the east elevation. The owner is requesting permission to separate their sign having one at the top of the east elevation and the other one below the windows. Mrs. Butler stated in this instance it could be perceived as it being two signs on an elevation. She stated if the Commission wishes to support the waiver request, staff would ask that they consider whether or not allowing two signs on the same elevation would set a precedent. Mrs. Butler stated this elevation does face the railroad tracks; however, staff recommends denial. Robert E. Basehart, AICP, Executive Vice President for Planning & Development for the Pugliese Company and Vice President for Planning & Development for Destiny, Pugliese Corporate Center, 101 PuEliese's Way, Suite #200, Delray Beach stated their office building is located on the north side of N.E. 1St Street adjacent to the west side of the Florida East Coast Railroad tracks. Mr. Basehart believes that this is a special situation and stated they are not asking for more square footage for the sign than the Code normally allows. He stated the reason the waiver is needed is because of the way the calculations are done. Mr. Basehart stated the window area between the top and the bottom of the sign has to be counted into the square footage. He stated there are special circumstances and it is absolutely necessary that they have signage on this side of the building. Mr. Basehart stated both companies have a lot of visitors and clients that come to the building and the only way to get there is to go west on 1St Street because it is a one-way street so virtually all the traffic coming to this building is coming from the east and without proper identification people miss the building and get lost in the neighborhood. He stated he feels this is a good thing for the City as well because it is a traffic safety issue. Mr. Basehart stated this is actually a matter of aesthetics. He stated staff has indicated that if they put all the copy on the top of the windows that the sign would meet the requirements of the Code. Mr. Basehart stated they are very interested in appearance, design, and attractiveness and attention to design and detail is extremely important to Mr. Pugliese. Mr. Basehart stated that putting the copy on top of the building does not provide a good balance and does not provide the most pleasing appearance that can be accomplished and designing the locations of the signs the way proposed does that. Mr. Basehart stated the sign code recognizes that there is occasionally a need to consider altering the normal requirements of the Code and it establishes criteria and feels that they clearly meet all the criteria. Mr. Basehart distributed pictures from the windows to show what the land use looks like to the east of their property. Mr. Basehart stated they do not believe that this is setting a precedent and -7- O 1 /20/09 feels that this is a unique building, a unique design and appearance, and a unique set of circumstances. He reiterated that there are two major companies in the building and they like the location and being corporate citizens of Delray Beach. Mr. Basehart stated they are proud of what they do and they would like to have the logos for their two companies present on the building. He stated another reason they do not feel it is appropriate to put the entire copy on the top of the windows is because the designs are different. Mr. Basehart stated the sign represents the logo of the two companies and are not the same in appearance so he does not feel that proper balance and aesthetic appeal would be accomplished by putting both on top of the windows. Deputy Vice Mayor Eliopoulos 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. Mr. Fetzer stated he understands staff's position on their recommendation; however, he feels there are some special circumstances involved in this particularly due to the location of the signs facing the railroad tracks. Mr. Bernard echoed comments of Commissioner Fetzer and stated aesthetically with the two different companies it makes sense to have them the way it is and he does not feel that the Commission is setting any special privileges tonight. Deputy Vice Mayor Eliopoulos stated he supports the waiver request; however, he would like to set some examples of what we want to make sure that we don't have in the future. He stated when he looks at this he looks at a building and typically a building is designed and has signage in a certain spot. Deputy Vice Mayor Eliopoulos cautioned the Commission because in the future you don't want to have a situation where someone wants to start putting signs every which way. He assumes that the applicant will be happy with the signage location should in the near future our roads become two- ways. Deputy Vice Mayor Eliopoulos stated he believes that staff is looking at this the way they typically would with regards to the area and he agrees with the applicant that normally you would not be looking out the windows as part of the calculations. He stated because of the environment where it is facing the railroad tracks he can support this one. 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 adopt the Board Order as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. 9.B. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. -8- O l /20/09 9.C. SITE PLAN EXTENSION REQUEST/ROBOTIC SPACE SAVERS: Consider a request to extend the site plan with SAD (Special Activities District) approval to construct aself-storage facility for Robotic Space Savers, located on the southwest corner of Military Trail and Conklin Drive. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Eliopoulos asked the Commission to disclose their ex parte communications. Mr. Bernard stated he received a telephone call from Meryl Steinberg. Deputy Vice Mayor Eliopoulos and Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-144 into the record. Mr. Dorling stated this is a request for a site plan extension for aself- storage facility known as Robotic Space Savers and it is being processed pursuant to LDR Section 2.4.4(F)(1) and (3). The subject property is 0.99 acre property located on the south side of Conklin Drive on the west side of Military Trail just north of Lake Ida Road. Mr. Dorling stated this was originally approved and considered as part of an SAD (Special Activities District) ordinance. He stated this was originally recommended for denial and was overturned by the City Commission on July 11, 2006. Subsequently, the SAD ordinance incorporated that site plan and to date no construction has commenced. Mr. Dorling stated the Land Development Regulations talk about looking at this under Section 2.4.4(F)(3) which requires an analysis of the LDRs to make sure no changes have occurred since the approval. The finding is that no changes to the LDRs would affect this site plan. As part of his extension request, the applicant has given a reference to difficulties in the market in financing due to the general slump in the general economy today. The request is for an 18 month extension that would extend the approval through August 6, 2010. Staff recommends approval of this request. Robert E. Basehart, AICP, Executive Vice President for Plannin & Development for the Pu~liese Company and Vice President for Planning & Development for Destiny, Pugliese Corporate Center, 101 Pugliese's Way, Suite #200, Delray Beach (Applicantl, stated they submitted their request for the extension with their justification. He stated they are pleased that staff agrees with their justification and is supporting the application. Deputy Vice Mayor Eliopoulos stated if anyone from the public would like to speak in favor or in opposition of the site plan extension request, to please come forward at this time. There was no cross-examination or rebuttal. -9- O l /20/09 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. Bernard moved to adopt the Board Order as presented (approving the site plan extension until August 6, 2010), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.D. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. 9.E. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR MEETING OF FEBRUARY 3, 2009. 9.F. SETTLEMENT OFFER IN SHARMAR FRANKLYN v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $17,500.00 in Sharmar Franklyn v. City of Delray Beach. Staff recommends approval subject to the receipt of the appropriate releases. The City Attorney stated this is a settlement in the case of Sharmar Franklyn v. the City of Delray Beach. This stems from an event with a police canine dog in April 2008. The City Attorney stated the amount of the settlement is $17,500.00 and staff recommends approval of the settlement. Mr. Fetzer moved to approve the Settlement Offer in the amount of $17,500.00 in Sharmar Franklyn v. the City of Delray Beach, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9.G. SPECIAL MEETING DATE/INDEPENDENT REVIEW PERSON: Setting a special meeting date for the selection of a person to conduct independent review of City bonding procedures, practices and communication practices. The City Manager stated Commissioner McDuffie stated he would not be available on Thursday, January 29, 2009. After brief discussion, Mr. Bernard suggested that the Commission hold the Special Meeting at 5:30 p.m. prior to the Roundtable Meeting which begins at 7:00 p.m. Mr. Fetzer moved to approve a Special Meeting to consider Item 9.G. at 5:30 p.m. on Tuesday, January 27, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. -10- O 1 /20/09 9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Commissioner Fetzer moved to reappoint Albert Richwagen as a regular member to the Code Enforcement Board for a three (3) year term ending January 14, 2012, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9_I. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). The City Attorney stated the Mayor's appointment was deferred from the last meeting and because of the Mayor's absence and according to the Commission's local rules, the appointment can only get deferred once. Therefore, the appointment would fall to the next person in the rotation (Deputy Vice Mayor Eliopoulos) according to the local rules. Deputy Vice Mayor Eliopoulos stated he wished to defer his appointment to February 3, 2009. Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 9_J. APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint two (2) Citizens-at-Large Representatives to the Parking Management Advisory Board to serve two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2). Deputy Vice Mayor Eliopoulos stated he wished to reappoint Nancy Schneider as a Citizen-at-Large Representative to the Parking Management Advisory Board to serve a two (2) year term ending July 31, 2011. Mr. Fetzer so moved, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. Mr. Fetzer stated he wished to defer his appointment to the next regular meeting of February 3, 2009. Mr. Bernard moved to postpone Item 9.J., Commissioner Fetzer's appointment, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. -11- 01/20/09 At this point, the time being 6:42 p.m., the Commission moved to Item . 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 04-09: City initiated ordinance amending Chapter 32, "Departments, Boards and Commissions", Section 32.09, "Expiration of Terms; Commencement of Terms", in order to substitute "Board of Adjustment" for "Board of Construction Appeals" and to update the references to other Boards. If passed, a public hearing will be held on February 3, 2009. The caption of Ordinance No. 04-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 32, "DEPARTMENTS, BOARDS AND COMMISSIONS", SECTION 32.09, "EXPIRATION OF TERMS; COMMENCEMENT OF TERMS", IN ORDER TO SUBSTITUTE "BOARD OF ADJUSTMENT" FOR "BOARD OF CONSTRUCTION APPEALS" AND TO UPDATE THE REFERENCES TO OTHER BOARDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated this is really a housekeeping measure. The City Attorney stated the City no longer has the Board of Construction Appeals and their duties have been combined with the Board of Adjustment. Terrill Pyburn, Assistant City Attorney, stated there is also a reference made to the Community Appearance Board which is now the Site Plan Review and Appearance Board (SPRAB). Ms. Pyburn stated staff updated that as well. Mr. Fetzer moved to approve Ordinance No. 04-09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. OS-09: City initiated ordinance amending Ordinance No. 43-03 in order to include a new study regarding retail-only adult entertainment establishments in the legislative history of the ordinance. If passed, a public hearing will be held on February 3, 2009. -12- O l /20/09 The caption of Ordinance No. OS-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 43-03 IN ORDER TO INCLUDE A NEW STUDY REGARDING RETAIL-ONLY ADULT ENTERTAINMENT ESTABLISHMENTS IN THE LEGISLATIVE HISTORY OF THE ORDINANCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. OS-09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated they really need to do this and this is done whenever staff finds a new study that supports the ordinance. She stated the City always wants to make sure that the adult entertainment ordinance is always up-to-date. Terrill Pyburn, Assistant City Attorney, stated this was a new study that came out in June 2008 and it pertains to retail only adult entertainment establishments. Ms. Pyburn stated the City did not have any studies that addressed that issue and because this just came out and that ordinance was passed in 2003, staff felt that it would be prudent to update the ordinance at this time. Mr. Bernard moved to approve Ordinance No. OS-09 on FIRST Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting there was an inquiry about hanging up former Mayor Perlman's picture in the Commission Chambers. The City Manager stated there is a place for it and staff is working on obtaining a black and white picture to be consistent with the other pictures that are hanging up on the wall. He stated Nancy King has been out for medical reasons and has normally kept up with that kind of thing; however, staff will get a picture up within the next few days. -13- 01 /20/09 11. From the Public. 11.B.1. John Gwynn stated the Boy scouts from Troop #304 are present this evening earning their communications badge and they had to attend the City Commission Meeting this evening in order to complete that. Mr. Gwynn thanked the City Commission for having them this evening. At this point, Mr. Harden stated he received written comments from Pauline Moody which she asked him to put into the record regarding three items. Ms. Moody expressed concern over security at the tri-rail station and that the private security they have there has not been adequate. The City Manager stated Ms. Moody asked that the Police Department take a look at it and see if we need to increase security in that location. The City Manager stated Ms. Moody also had a complaint about the lack of restroom facilities at that tri-rail stop and noted that staff will contact the County and tri- rail about that. Also, the City Manager stated Ms. Moody stated that her bicycle was stolen when it was at the tri-rail station and she is dissatisfied with the way the Police Department has handled that. The City Manager stated staff will follow-up on that issue. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13.A. City Manager The City Manager had no comments or inquires on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Bernard Mr. Bernard stated it has been a long weekend and noted that there were so many events to celebrate (i.e. Dr. Martin Luther King, Jr. Day and the Inauguration of President Barack Obama). He thanked all of the people who participated and the churches who were involved and stated everyone did a great job in terms of preparing for this weekend. 13.C.2. Mr. Fetzer Mr. Fetzer stated he enjoyed all the events over the weekend and noted that everything was very nice. ~~ ~ -14- O 1 /20/09 13.C.3. Deputy Vice Mayor Eliopoulos Deputy Vice Mayor Eliopoulos echoed comments expressed by Commissioner Bernard and Commissioner Fetzer. He stated the events with regard to Pompey Park for the Inauguration Celebration and Dr. Martin Luther King, Jr. had a great turnout. Deputy Vice Mayor Eliopoulos stated this shows how the city comes together with spirit in celebrating. Secondly, Deputy Vice Mayor Eliopoulos stated with regards to the Bond Issue and recent situations that have occurred with County Commissioner Mary McCarty and the investigations, outside counsel has gone beyond what the Commission was requesting which was basically three experts to review the City's policies and procedures. He stated the Commission actually received nine (9) and one of the things during this process was that he was contacting people last week and a lot of them were out on the road and were not able to get access to their resumes in order to send in for this Commission to review. Deputy Vice Mayor Eliopoulos stated there has been a lot of scrutiny on how the City is proceeding with this. He stated it comes up in the newspapers about the All-America City and feels that if you really look at what an All-America City is about and you find out what is required to meet those qualifications, you will find out that typically the Cities that are awarded with this prestigious award is how they handled problems and/or issues within their City. Deputy Vice Mayor Eliopoulos stated the City of Delray Beach received that award twice. He stated that this Commission is acting responsibly in the fact that not only have they consulted outside counsel, but they have read all the documents and he feels this is the proper way in that we need to look at the City's policies and practices and handle it with the proper information and the expertise that we are requesting outside. Deputy Vice Mayor Eliopoulos stated it is very important that people understand what this procedure is about and the Commission really needs to find out all the facts before making any decision. He stated he stands by this Commission and the way they are proceeding with this issue. At this point, the time being 6:52 p.m., the Commission took a ten minute recess. At this point, the time being 7:01 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 01-09 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to the Land Development Regulations (LDR) Section 4.3.3, "Special Requirements for Specific Uses", Subsection (A), "Self-Service Storage Facilities (SSSF)" and Subsection (J), "Gasoline Station", to revise and/or clarify parking requirements for these uses; Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", and Section 4.4.29, "Mixed Residential, Office and Commercial -15- O 1 /20/09 (MROC) District", to change the parking requirements for business and professional offices within these zoning districts and to expand the area subject to special parking requirements within the CBD zoning district; amending Section 4.6.9, "Off-Street Parking Regulations", to modify how fractions are rounded, to change the parking requirements for business and professional offices and to clarify the parking requirements for other uses; amending Appendix "A", "Definitions", to enact new definitions for "Gross Floor Area" and "Net Floor Area". The caption of Ordinance No. 01-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (A), "SELF-SERVICE STORAGE FACILITIES (SSSF)" AND SUBSECTION (J), "GASOLINE STATION", TO REVISE AND/OR CLARIFY PARKING REQUIItEMENTS FOR THESE USES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (H), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND PROFESSIONAL OFFICES WITHIN THESE ZONING DISTRICTS AND TO EXPAND THE AREA SUBJECT TO SPECIAL PARKING REQUIREMENTS WITHIN THE CBD ZONING DISTRICT; AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIItED", TO MODIFY HOW FRACTIONS ARE a ROUNDED, TO CHANGE THE PARKING REQUIREMENTS FOR BUSINESS AND -16- O 1 /20/09 PROFESSIONAL OFFICES AND TO CLARIFY THE PARKING REQUIREMENTS FOR OTHER USES; AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT NEW DEFIlVITIONS FOR "GROSS FLOOR AREA" AND "NET FLOOR AREA"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 01-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the Chamber of Commerce Economic Development Committee came before the Commission at the end of the year with some recommendations for some changes and some basic incentives for office development in the City. Mr. Dorling stated the motion was to reduce the parking requirements for office development to provide these incentives. The changes that are incorporated into the ordinance fall into four areas: (1) expands the area that allows one space per 300 gross floor area from one block north and south that currently exists north and south of Atlantic Avenue, (2) changes the requirements to base it on net versus gross floor area, (3) a change to allow parking spaces or fractions thereof to be rounded up, and (4) includes the definition of gross floor area and net floor area. The Downtown Development Authority (DDA) considered this at their meeting and recommended approval; at its meeting of December 10, 2008, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment; at its meeting of December 11, 2008, the Community Redevelopment Agency (CRA) recommended approval; at its meeting of December 16, 2008, the Parking Management Advisory Board (PMAB) voted 8 to 1 to recommend approval of the proposed text amendment and at its meeting of January 7, 2009, the Pineapple Grove Main Street (PGMS) unanimously recommended approval. Deputy Vice Mayor Eliopoulos asked Mr. Dorling if he had a chance to review the item on page 9, (4)(D) Parking Requirements of the ordinance. In response, Mr. Dorling stated (4)(D). talks about allowing one (1) parking space per 300 square feet of total net floor area and there is an additional reference to allowing this to be further reduced to one (1) parking space per 400 square feet when dealing with a mix of residential office. He stated that is under the RO (Residential Office) section. The current credit given mixed uses only applies to CBD (Central Business) District and MROC (Mixed Residential, Office and Commercial) District, GC (General Commercial) District and PC (Planned Commercial) District. Mr. Dorling stated this extends that same relief to the OSSHAD (Old School Square Historic Arts) District and the RO (Residential Office) District. -17- 01/20/09 Deputy Vice Mayor Eliopoulos declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 01-09 on Second Reading/Second Public Hearing, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 02-09 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.7, "Family/Workforce Housing", by enacting a new Subsection 4.7.9(0), to allow non-eligible occupants to occupy workforce housing units under certain conditions. If passed, a second public hearing will be held on February 3, 2009. The caption of Ordinance No. 02-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.7, "FAMILY/WORKFORCE HOUSING", SUBSECTION 4.7.9, "GENERAL PROVISIONS, BY ENACTING A NEW SUBSECTION "O" TO ALLOW NON- ELIGIBLE OCCUPANTS TO OCCUPY WORKFORCE HOUSING UNITS UNDER CERTAIN CONDITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 02-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a privately- initiated amendment to the workforce housing element of the Land Development Regulations. Mr. Dorling stated the City has a workforce housing ordinance that requires between 20%-25% of units to be designated for workforce housing when the Commission approves an increase in density. He stated this ordinance would deal with concerns over that percentage remaining vacant due to the inability to find eligible applicants. This ordinance provides some flexibility. Mr. Dorling reiterated that this is privately-initiated for one specific project off Depot Road. This ordinance requires a commitment to continually market the workforce housing units and this particular project introduces -18- O 1 /20/09 some flexibility if these units remain vacant for 45 days. Mr. Dorling stated this basically allows them to rent the units at a market rate (rental. rate) and the difference between the workforce rental rate and the market rate would then be donated to the City into the Delray Beach Housing Trust Fund that would be utilized to accommodate other workforce housing options. Mr. Dorling stated this gives the applicant the flexibility if they are unable to lease the units rather than remain vacant they could cash out to the City and the City could use that money to accomplish the workforce component. The original version of this ordinance contained language that stated at least 15% of those would have to remain for workforce units and be leased to workforce applicants and this would allow the 10% to be cashed out. The applicant has not included that in the current ordinance and their rationale is that it creates some financial issues for them because there is a potential that if they were unable to find workforce housing candidates that they could have 15% vacancy. Mr. Dorling stated he does not feel that they will have any trouble finding workforce housing candidates. He stated while this is aprivately-initiated amendment and they have concerns with their project, it is to the workforce housing component of the LDRs and it would apply city-wide. Mr. Dorling expressed concern that we take their project's specific concerns and apply it city-wide. Staff recommends that the 15% minimum be part of this ordinance and that this ordinance be amended to accommodate that. At its meeting of December 8, 2008, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mr. Dorling stated the Board had additional language which is contained in recommendation #2 (provide language to require that when non-eligible candidates rent workforce units, such units become non-workforce, and future vacant units change from non-workforce to workforce units, with a maximum of 25% being maintained as workforce). Mr. Dorling stated both recommendations are on page two of the staff report. Staff recommends continuing this ordinance and amending it appropriately. Deputy Vice Mayor Eliopoulos declared the public hearing open. Charlie Putnam, Charles Putnam & Associates, Inc., 4722 N W Boca Raton Boulevard, Suite C106, Boca Raton, FL 33431 (Land Planner for the Historic Depot Square project), introduced himself as the Applicant. Michael Listick, 190 S.E. 5th Avenue, Delray Beach, stated there are two points to staff's recommendation; one is the 15%. Mr. Listick stated staff stated they do not believe they would have trouble finding workforce housing candidates. He stated if they have trouble everyone will have trouble and noted if you deal with banks and the market it is trouble. The other point is the additional language that was put in by the Planning and Zoning Board. Mr. Listick stated he agrees with the concept; however, does not feel that it requires a postponement. Mr. Listick stated it is his understanding that it would be legal to clarify the language of recommendation #2 to cover the concept which they agree with and then go on to the second reading next week. -19- O 1 /20/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 02-09, the public hearing was closed. The City Attorney stated if we have the general consensus and the Commission would like to add that we can work on refining the language between first and second reading. Recommendation #1 provides a minimum of 15% and recommendation #2 if you go to non-eligible candidates (they don't have income restrictions) then you have to open up new units for that purpose. The City Attorney stated there is no minimum but there is a maximum of 25% being workforce. The City Attorney stated if the Commission adopts a 15% minimum then you have a minimum and a maximum. Mr. Fetzer asked for clarification from staff that we did add this provision of the minimum of 15% and this would apply to any development of this nature that provides workforce housing units on a rental basis. In response, Mr. Dorling stated it would but in this case it reflects the ability for them to cash-out for 10%. He stated while the 15% could be applied specifically to this project the intent here was there be 10% available for this cash out. Mr. Dorling stated most other projects require 20%. Mr. Fetzer asked if the 15% provision was in the ordinance when this was considered by the Planning and Zoning Board. In response, Mr. Dorling stated the 15% provision was not in the ordinance when this was considered by the Planning and Zoning Board. Mr. Fetzer stated if the Commission was to add this would this have to go back to the Planning and Zoning Board. The City Attorney stated the Planning and Zoning Board did not place a 15% minimum but they did suggest the language in recommendation #2. Mr. Bernard stated if the Commission approves the 15% minimum tonight can the Commission decide to change that at second reading. The City Attorney stated there has been recent case law that allows more flexibility in second reading because it is a general subject matter and it is okay. Deputy Vice Mayor Eliopoulos stated for the record he was contacted by the Applicant and he spoke to Mr. Dorling today. He stated in reading the papers and considering what the State is doing with affordable housing and going after CWHII' Funds and saying that there is plenty of affordable housing out there now, Deputy Vice Mayor Eliopoulos stated although he concurs he feels staff is correct in the sense that he does not want to be short sided and we need to be looking at this in making sure that we have things set in the LDRs for affordable housing. If we do not require the 15% minimum then that would be for all affordable housing projects in town. Mr. Dorling stated that would allow the cash-out option to be 25% of the units here and 20% in most other cases. Deputy Vice Mayor Eliopoulos stated he is fine with not making this requirement of 15% because of the fact that we are going to have the Delray Beach Housing Trust Fund with the Community Improvement Department monitoring it. -20- 01/20/09 Deputy Vice Mayor Eliopoulos, Commissioner Bernard and Commissioner Fetzer concurred that they are comfortable with not requiring the 15% minimum. Commissioner Fetzer stated recommendation #2 is something that needs to be incorporated but he is okay with not putting the minimum 15% in there. Mr. Bernard moved to approve Ordinance No. 02-09 on First Reading/First Public Hearing with the additional language as recommended in #2 (approving the general concept) of the staff report with slight modification to the language, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 03-09: City initiated amendment to the Land Development Regulations (LDR) Section 8.5.1., "Establishment of Public Arts Program," to provide that the City may contribute funds through the Public Arts Program to other entities in order to help fund public art. The caption of Ordinance No. 03-09 is as follows: office.) 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 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C), "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this amends the LDRs to allow the City to contribute funds to an entity that is developing artwork for either public or private property they do not own. Mr. Dorling stated this would require an agreement to be approved by the City Attorney to assure that this art remains visible to the public if it is going to be partially funded with public money. -21- O 1 /20/09 At its meeting of December 8, 2008, the Planning and Zoning Board recommended approval with a 6 to 0 vote. Mr. Dorling stated there was a question at the last meeting about the genesis of this and he believes that all of the Commissioners got a memo from the City Attorney's office with respect to where this amendment came from. Mr. Dorling stated it was requested by the Public Art Advisory Board as a response to a presentation made by the Community Redevelopment Agency (CRA) to provide additional flexibility. Staff recommends approval. Deputy Vice Mayor Eliopoulos declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 03-09, the public hearing was closed. Mr. Fetzer moved to adopt Ordinance No. 03-09 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Deputy Vice Mayor Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Bernard -Yes. Said motion passed with a 3 to 0 vote. There being no further business, Deputy Vice Mayor Eliopoulos declared the meeting adjourned at 7:24 p.m. ~. 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 January 20, 2009, which Minutes were formally approved and adopted by the City Commission on February 3, 2009. ~~~ City Clerk -22- O l /20/09 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 -23- O 1 /20/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA SIGN WAIVER REQUEST FOR THE PUGLIESE BUILDING ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to allow one wall sign, which exceeds the maximum square footage allowed on the east elevation of the building, has come before the City Commission on January 20, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for The Pugliese Building located at 101 Pugliese Way. 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 4.6.7(E)(7) states that one wall sign is allowed per elevation, not to exceed one hundred sixty square feet (160 sq. ft.) The Applicant has requested a waiver from this requirement to increase the sign copy to two hundred two and a half square feet (202.5 sq. ft.) on the east elevation. 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 meet all the requirements of 2.4.7(8)(5) subject to the conditions, if any, listed below? N/A Yes / No 1 January 20 2009 Regular Commission meeting; Item 9.A. ~~Lu p~tiy o2v, 3.v~9 C`-C_ Itl.~ •, ~~rl ~1. A ' N , • r~ 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 / 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 20th day of January, 2009, by a vote of 3 in favors 0 opposed. VICE MAYOR, NEI:SON ~~~~.~~ Chevelle Nubin, City Clerk 2 January 20 2009 Regular Commission meeting; Item 9.A. .~ . IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR SITE PLAN APPROVAL GRANTED TO ROBOTIC SPACE SAVER ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named site plan extension request has come before the City Commission on January 20, 2009. 2. This site plan 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 site plan extension request for Robotic Space'Savers. 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)(3). 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)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the, time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; January 20, 2009 Regular Commission Meeting; Item 9.C. ~nua~~( ~1~, ~-oc~R ~ n~ ~ Ite~1 9 •C. r (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? 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 LDR requirements in existence at the time the site plan extension request 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. 9. Based on the entire record before it, the City Commission approves / denies the site plan extension request to allow the previous site plan approval, subject to the original conditions of approval, to be valid until August 6, 2010. The City Commission hereby adopts this Order this 20'h day of Janu 200 by a vote of 3 in favor and 0 opposed. ATTEST: VICE MAYOR, NEbSON S. C / • `\y~J~~~ Chevelle Nubin City Clerk _ _ January 20, 2p09 Regular Commission Meeting; Item 9.C.