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04-07-09 Regular Meeting MinutesAPRIL 7, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 7, 2009. 1. Roll call showed: Present- Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item S.C., Florida Division of Emer enc Management Agreement Modification /Old School Square Window Replacement of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A., Item S.J., Lease Agreement /School_Board of Palm Beach CountvlHilltoover Stadium, be moved to the Regular Agenda as Item 9.A.A.A., and Item 8.0.2., Bid Award to All Phase Roofing, Inc. be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a S to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of March 12, 2009, seconded by Mr. Bernard. Upon roll call the Commission 04/07/09 voted as follows: Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer --- Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Regular Meeting of March 17, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to approve the Minutes of the Special Meeting of March 23, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard -- Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Annual Organizational Meeting of March 26, 2009, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer --- Yes; Mr. Frankel — Yes; Mr. Bernard — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recoi!nizinz and Commendin2 Atlantic High School Girls Basketball Team Mayor.McDuffie read and presented a proclamation hereby recognizing and commending the Atlantic High School Girls Basketball Team for their excellent performance and outstanding achievements in basketball and for bringing honor and distinction to Atlantic High and the City of Delray Beach. Coach Nicole Johnson came forward to accept the proclamation and gave a few brief comments. THE ATLANTIC HIGH SCHOOL GIRLS BASKETBALL TEAM: Nicole Johnson, Head Coach Lashaundra Beauchamp, Forward Sasha Bernard, Guard Tiffany Gray, Center Brea Hudson, Forward imani Hudson, Center Olivia Osbourne, Center Myia Russell, Forward Kaneisha Saunders, Guard Jessica Sutton, Guard Simone Taylor, Forward Cartrecia Ward, Guard -2- 04/07/09 6.B. Fair Housing America Month — April 2009 Mayor McDuffie read and presented a proclamation hereby proclaiming April 2009 as Fair Housing Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation. 6.C. National Public Safety Telecommunicators Week - April 12 -18, 2009 Mayor McDuffie read and presented a proclamation to Police Chief Anthony Strianese, Assistant Chief Ralph Phillips, and Captain Thomas Mitchell and Delray Beach dispatchers hereby proclaiming April 12 -18, 2009 as National Public Safety Telecommunications Week. Captain Mitchell came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. Special Recognition Award - Thomas Lynch Mayor McDuffie presented a Special Recognition Award for 13 years of service on the General Employees Pension Board to former Mayor Tom Lynch of the City of Delray Beach and who has given many years of his life for the betterment of this city and all of its residents. Tom Lynch came forward to accept the award. 7.B. Matchpoint Presentation — Mark Baron. Commissioner Bernard stated at the last City Commission meeting he had called to speak to Mr. Mark Baron and the different individuals from the tennis department. Mr. Bernard stated the mistake that he and Mark Baron made was that they did not communicate as they should have and because of that lack of communication they were not able to address some of the issues that they were concerned about. Mr. Bernard stated he and Mr. Baron had the opportunity to meet and discuss what happened and after they had the opportunity to discuss what happened, they realized that nothing occurred. Mr. Bernard stated he did some personal checking to take a look at the history of the tennis events and when the city purchased the property and this is the conclusion he came to. Mr. Bernard stated in 19 years of Mark Baron and his family running professional tennis in amateur tennis tournaments from grass root events to those on the sports biggest stage what he found out is that there has never been any incident of any kind pertaining to any discrimination whatsoever. Also,, with all of the supporting events that the Baron's are aligning with the Delray Beach International Tennis Championships, one thing that has been determined, they are a great economic boost to the economy for the City of Delray Beach. Secondly, the global marketing and worldwide exposure to the City received from the ATP event is invaluable in helping the growth of this city (Tokyo, Moscow, Toronto, Rome, and Delray Beach). He stated the City of Delray Beach is in elite company. Mr. Bernard stated after receiving information from the USTA and with having the opportunity to meet with Dick Quintos, what he has determined is that Dick and Barbara Quintos run one of the most qualified professional and consistent group of volunteers in the country. However, Mr. Bernard stated what they did determine was that -3- 04/07/09 there are some changes that we can make. Mr. Bernard stated at the meeting that he had two weeks ago with Mark Baron, Ivan Barron, Dick Quintos and Mr. Harden, they have all agreed that the biggest problem is that of controlling seating in the box seat section. So, collectively, they have come up with a new signage plan whereby the front of each box seat will say "This box seat belongs to ......" (a specific person with the name of the seat owner) which will help serve as a deterrent to those trying to sit in those seats without proper tickets. Mr. Bernard stated they made sure they communicated and he believes that he and Mr. Baron will have a continued relationship with open lines of communication and they are working on every issue to help improve the tennis events. Mark Baron, Tournament Director of the Delray Beach International Tennis Championships, stated they just finished their 19th year of this event and their 11th year in Delray Beach. Mr. Baron thanked the Commissioners now and in the past who have been behind in this event and have helped in the growth of this event. He stated he would also like to thank the City Manager and his staff. Mr. Baron stated each year there are 700 pairs of tickets that are given out the week before the event for residents of the City of Delray Beach. Mr. Baron presented Mayor McDuffie a crystal hand painted trophy which reads "Delray Beach International Tennis Championship 2009 Title Sponsor ". Mayor McDuffie stated there is some very good quality tennis in Delray Beach and noted that the Barons have been doing a wonderful job for several years. 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. ACCEPTANCE OF EASEMENT DEED AND SIDEWALK DEFERRAL /1001 HARBOR DRIVE: Approve and accept an easement deed to accommodate a future location for a deferred sidewalk and approve a request to defer the installation of a sidewalk along 1001 Harbor Drive. REQUEST FOR SIDEWALK DEFERRALILAMAT AVENUE: Approve a request to defer the installation of a sidewalk along LaMat Avenue. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9,A.A. S.D. INTER LOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA)/FUNDING THE FORECLOSURE PROGRAM: Approve an Interlocal Agreement between the City and Community Redevelopment Agency (CRA) for Funding the Foreclosure Program in Partnership with the City's Neighborhood Stabilization Program. 8•E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT JAG FOR FY 2009: Approve a grant application for the Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $289,582.00 which will provide funding for the Police Department's Holiday Robbery Task Force, vehicle purchases and repair /reconfiguration of a driving simulator. -4- 04/07/09 S.F. GRANT APPLICATION/DEPARTMENT OF JUSTICE /COPS HIRING RECOVERY PROGRAM CHRP : Approve a grant application to the Department of Justice for the COPS Hiring Recovery Program in the amount of $1,360,164.00 which will provide funding for six (6) sworn police officer positions for three (3) years. 8.G. GRANT APPLICATIONIFLORIDA DEPARTMENT OF TRANSPORTATION(FDOTVAGGRESSIVE DRIVING: Provide authorization for submission of a grant application to the Florida Department of Transportation (FDOT) in the amount of $73,097.00 for implementation of an aggressive driving/speed enforcement program. 8.11. D.U.I. GRANT APPLICATIONCFLORIDA DEPARTMENT OF TRANSPORTATION DO Provide authorization for staff to submit a grant application to the Florida Department of Transportation in the amount of $88,822.00 for implementation of a Driving Under the Influence (D.U.I.) Enforcement program. The grant covers 50% of the salary for the DUI Enforcement Officer. Funding is available from 001 - 2115 -521 -12.10 (General Fund/Regular Salaries/Wages). 8.1. PURCHASE AWARD /AHURA SCIENTIFIC INC.: Authorize a purchase award in the amount of $69,874.05 to Ahura Scientific, Inc. for two materials monitors under the State Homeland Security Grant Program with pricing from GSA Contract No. GS- 07F -6099R subject to approval of terms and conditions by the City Attorney's Office. Funding is available from 001.2315- 526 -64.90 (General Fund/Other Machinery/Equipment) and 001 -2315 -526 -46.20 (General Fund/Equipment Maintenance). S.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. B.K. FEDERAL GRANT REQUEST/NATIONAL OCEANIC & ATM_ O_ SPHERIC ADMINISTRATION (NOAA): Provide authorization for submittal of a federal grant request in the amount of $687,147.00 to NOAA to fund coastal dune habitat restoration of the City's three mile coastal pioneer and strand/scrub zone and repair and restoration of the maritime hammock ecosystem in the five acre Atlantic Dunes Park. S.L. FEDERAL GRANT/PALM BEACH COUNTY CRIMINAL JUSTICE COMMISSIONBRYNE /JAG: Provide after the fact approval for submission of a Letter of Inquiry in the amount of $100,000.00 to the Palm Beach County Criminal Justice Commission for Del-ray Beach Coalition of Community Renewal/Weed and Seed initiatives. 8.M. SPECIAL EVENT REQUEST /ART AND JAZZ ON THE AVENUE/BED RACE: Approve a special event request for the Art and Jazz on the Avenue and the Bed Race to be held on May 7, 2009, from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue -5- 04/07/09 from Swinton to the west side of N.E. /S.E. 7th Avenue, to the alleys north and south of Atlantic on N.E. /S.E. l't Avenue, N.E. /S.E. 2"d Avenue, S.E. 3rd Avenue, N.E. /S.E. e Avenue, and N.E. 2r'd Avenue from N.E. 2nd Street to N.E. Yd Street and to authorize stage rental and 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. S.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 16, 2009 through April 3, 2009. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Intercounty Engineering, Inc. in the amount of $518,099.00 for construction of the Area 11A Reclaimed Water System Contract 2. Funding is available from 441 -5181- 536 -65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission), 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 3. Purchase award to Duval Ford in the amount of $24,543.00 for the replacement of one (1) 2009 Ford Crown Victoria Police Interceptor with options. Funding is available from 5013312 -591 64.20 (Garage Fund/Machinery/Equipment/ Automotive). Mr. Bernard moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. FLORIDA DIVISION OF EMERGENCY MANAGEMENT AGREEMENT MODIFICATION /OLD SCHOOL SQUARE WINDOW REPLACEMENT: Approve and authorize the Mayor to execute a modification to the agreement with the Florida Division of Emergency Management for the installation of 227 impact resistant glass windows at Old School Square. Richard Hasko, Director of Environmental Services, stated this is a minor adjustment to the City's grant agreement with FEMA for the Window replacements at Old School Square. Mr. Hasko stated when staff originally did this application they were instructed by FEMA to use 155 mph for the design resistance of the windows. He stated the actual building code requires 140 mph. a Me 04/07/09 Mr. Eliopoulos asked if this project is fully out to bid at this point. Mr. Hasko stated this project has been advertised for quite some time. Mr. Eliopoulos asked where we are right now with the project. Mr. Hasko stated the City has not opened any bids yet and noted that they had to extend the bid date so that staff could complete the additional work. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer --- Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. LEASE AGREEMENT /SCHOOL BOARD OF PALM BEACH COUNTY/HILLTOPPER STADIUM: Approve a Lease Agreement with the School Board of Palm Beach County for use of the Hilltopper Stadium. Terrill Pyburn, Assistant City Attorney, stated this lease agreement provides that the City of Delray Beach will be able to lease the Hilltopper Stadium located on Seacrest Boulevard for 20 years at a rate of a $1.00 per year with the City to install new bleachers, new sod, new irrigation and renovate the existing restroom facilities, press box and paint the warehouse storage building. The City shall pay all monthly utilities but shall only be responsible for half of the installation cost of the new underground power lines and half of the installation cost of the temporary power lines. Ms. Pyburn stated this cost is actually less than what was originally estimated and it is now estimated at $6,874.00 (the City would pay half of this cost). She stated the City would also pay half of the engineering costs and half of the survey as well as 100% of the cost of providing a phone line on the site in order to make the elevator and press box operational. Ms. Pyburn stated this would be a total of approximately $28,062.00 that the City would be responsible for in order to make the field operational. Once the School Board constructs the middle school on the site, they have agreed to revisit the issue of the monthly utility and maintenance costs with the City. In the meantime, the Village Academy is allowed to use the property for recreational purposes as long as their use does not conflict with the City's scheduled programs. She stated the City will have the ability to use Hilltopper Stadium from 4:00 p.m. — 10:00 p.m. Monday through Friday during the school year and 9:00 a.m. — 6:00 p.m. on Saturday and Sunday and during the summer from 9:00 a.m. — 10:00 p.m. from Monday through Sunday. Ms. Pyburn stated the Palm Beach County School Board approved this at their meeting of March 19, 2009. Mr. Eliopoulos stated he is glad to see that this is moving forward; however, he expressed concern over scheduling. He stated that the City will have to communicate with the users and inquired about the timeframes. Linda Karch, Director of Parks and Recreation, stated she has had several meetings with the Delray Rocks organization and hopes that all the renovations that need to be done will be done before the season starts. Ms. Karch stated the soccer people will not be using the field once the City renovates it and it will be strictly for the Delray Rocks. She stated the Delray Rocks Organization and the City has a nice communication right now and does not see that this will be an issue anymore. _7W 04/07/09 Mayor McDuffie stated he has worked with the Delray Rocks Booster Club long before we were able to make this happen. He thanked Terrill Pyburn and Linda Karch for everything they have done. Mayor McDuffie stated there are approximately 300 -400 members of the youth football program and they play all over the State of Florida. He stated he is thrilled that this has finally happened and now all of the City's youth program sports will have quality, safe and up -to -date fields and facilities. Mayor McDuffie stated the concession stand and restrooms will be upgraded as well. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.1), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mr. Bernard -- Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A. AWARD OF BIDS AND CONTRACTS: Bid award to All Phase Roofing, Inc. in the amount of $21,010.00 for the partial re- roofing of Fire Rescue Station No. 5. Funding is available from 001 -2311 -522 -46.10 (General Fund/Repair & Maint. Services/Building Maintenance). Richard Hasko, Director of Environmental Services, stated this is a completion of the re- roofing on Fire Station #5 off Germantown Road. Mr. Hasko stated the structure was designed and built in 1994 and it was constructed according to the specifications of the Engineer. Mr. Hasko stated there were some leaks that had developed in the east side of the structure where the firefighters quarters are, etc. and this will complete that replacement. Mr. Eliopoulos asked if there is any other damage within the structure aside from leaks that we have to worry about such as mold or mildew. Mr. Hasko stated there were some mold problems at one point. The City Manager stated the City did mold remediation in the living quarters last year. Mr. Eliopoulos stated he is surprised that in these economic times when typically there would be 30 bidders there was only one bidder. Mr. Hasko stated it was a stereotypical bid process and concurred with comments expressed by Mr. Eliopoulos. . Mr. Eliopoulos moved to approve Item 9.A.A.A.A. (formerly Item 8.0.2.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard — Yes; Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.A. APPEAL/SITE PLAN REVIEW AND APPEARANCE BOARD ACTIONS /ATLANTIC PLAZA II: Consideration of an appeal regarding the Site Plan Review and Appearance Board's decisions regarding the Atlantic Plaza II development. (Quasi - Judicial Hearing) 04/07/09 1. WAIVER RE UESTSIATLANTIC PLAZA II: Consider eight (8) waiver requests in conjunction with the Atlantic Plaza II project located on the north side of East Atlantic Avenue, between N.E. 6th Avenue and Veteran's Park. (Quasi - Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for a Quasi - 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. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the architect who gave a thorough presentation and Mr. Milmo from the developer's office. Mr. Bernard stated he spoke with Mr. Weiner yesterday and called him today. Mr. Eliopoulos stated his ex parte communications would go back to what has already been previously on the record. However, Mr. Eliopoulos stated he did have a recent meeting with the developer, their attorney, and their architect. Also, Mr. Eliopoulos stated there was some emails on his city account some of which he did get a chance to respond to (part of the record) and some emails he did not get a chance to respond to; however, these emails are being submitted tonight. Mr. Fetzer stated he has had a conversation with Attorney Michael Weiner, previous meetings with Mr. DeSantis, Mr. Milmo (developer), Derek Vander Ploeg (architect). Mr. Fetzer stated he attended Charrettes with citizen input and the purpose of the meetings he has had with them is they were explaining the scope of the project and how the residents had been involved in the Charrettes in planning this project. Mayor McDuffie stated he too has been to all of the public Charrettes that were held and he has spoken to Mr. Vander Ploeg, Mr. DeSantis, Mr. Milmo on a number of occasions discussing issues that had been brought to his attention by members of the community on the project sometimes meeting with them to discuss the changes that they had made relative to the communications that came from members of the community. Mayor McDuffie stated he has not spoken to anyone since the last meeting that they had and noted that he has email which is in the record. Mr. Frankel stated he read the emails that were part of the record although he did not respond to any. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2008 -183 into the record. Mr. Dorling stated this item is an appeal regarding the Site Plan Review and Appearance Board's decision regarding the Atlantic Plaza II development. Mr. Dorling stated the project will incorporate the existing Atlantic Plaza plus the entire block which is immediately to the west and it also involves the abandonment of the existing 7th Avenue which would be relocated through the project. The current site contains five buildings that were constructed between 1962 and 1979 and contain a combination of office, multi- family, retail and an auction house. Mr. Dorling stated there was a gas station at the corner which has been demolished and also would be incorporated in the site. On March 11, 2009, the Site Plan Review and Appearance Board (SPRAB) WE 04/07/09 approved the Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza II which included the demolition of the existing structures and construction of a mixed use project that contains 98,765 square feet of retail space, 32,921 square feet of restaurant space, 106,006 square feet of offices, and 197 dwelling units. Mr. Dorling reviewed the proposed site plan and noted that buildings along Atlantic Avenue will be 3- story in height, retail on the ground floor and office on the two floors above. This will be a 5 -story component with two layers of retail and three layers of residential above. Mr. Dorling stated the SPRAB also considered several waivers and they recommended approval of the site plan, landscape plan, and elevations but they also recommended approval of all those 8 waivers. At its meeting of February 26, 2009, the Community Redevelopment Agency (CRA) recommended approval of the site plan; at its meeting of March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the site plan. Mr. Dorling stated it is important to note that while they have a lot of waivers, this is a very significant site and that amount of waivers is not inconsistent with that type of large development. The waivers deal with various set back frontage requirements of the CBD Design Guidelines. He stated there is a significant amount of relief with multiple setbacks as you go up in the building and while the development meets the intent of those setbacks there are areas that they do not specifically meet the exact dimensions. Mr. Dorling stated there is also waivers on the sloped parapet which on the roof of this building which is acting as a screen for rooftop equipment. There are also some references to stacking distances as well as visibility triangles and there is a waiver on mechanical parking lifts. He stated there is a waiver to minimum pavement width from 24 to 20 and a slight deviation on dimension of parallel spaces as well as some relief from the transparency requirement on the ground floor which is 75% of the wall area. Mr. Dorling stated required findings to the waivers are made in the staff report under LDR Section 2.4.7(B)(5) and staff recommends approval of the waivers as they are of the site plan itself. Mr. Dorling stated the applicant provided an analysis of the green components of this building and is attached to the site plan. Michael Weiner 10 S.E. 1St Avenue Delray Beach frepresenting the applicant), stated this process began approximately 18 months ago and 18 months ago this project would result in almost $1,500,000.00 annually for the City and almost $875,000.00 for the Community Redevelopment Agency (CRA) in terms of real estate taxes and the increased assessment. In addition, Mr. Weiner stated they would also have the indirect benefits of increased employment and as they build the project there will be more than 3,000 employees associated with the project and impact fees close to $1,000,000.00. Mr. Weiner stated this is a rather large project and the developer has been able to assemble properties; however, in doing that it is larger than the typical project that one sees in Delray Beach, Florida. He stated this is a mixed -use project and according to the Urban Land Institute projects like this capture 20 -30% of their trips so they are truly green. Mr. Weiner stated this is the 13th public meeting and noted that there have been more than 25 public events over 18 months with respect to this project. Mr. Weiner stated the staff report and the positive findings are substantial competent evidence and all 19[12 04/07/09 four requirements of each waiver are met. He stated waivers are purposely placed in the Code to give relief to a project because a project of this magnitude should not be designed by mathematics but it is going to be designed by those who can judge with a good eye. Derek Vander Ploer, Architect, Vander Mom and Associates, Inc., 1555 East Boca Raton Boulevard, Boca Raton, FL 33432, gave a brief PowerPoint presentation of the buildings and the project. He explained that the buildings that are highlighted are the ones that received the additional 12 feet or the conditional approval for height up to 60 feet. Mr. Vander Ploeg stated what this does besides relocating the alley is it creates a new dynamic in the way for the infrastructure for the project. Currently, the entire infrastructure goes through the project and now it will go around as well as connecting the IQ water and other aspects of sewer, water and changing the transportation and circulation components. He stated the first phase is under construction and the balance of the site is raised and allows for some temporary parking so that people can park concurrently with the buildings that are there. With regard to the architecture of the building, Mr. Vander Ploeg stated they took an assessment of some of the historical buildings and incorporated some of these into the design. Mr. Vander Ploeg stated with regard to East Atlantic Avenue and US -1 they felt it was especially important to continue the Mediterranean revival architecture of the Colony Hotel. He stated in a sense downtown ends at northbound Federal Highway and they are proposing to drag the architecture across the street so that it becomes a complete composition for both sides of the north side of the street. He briefly discussed the eight waivers as outlined on page four (4) of the Site Plan Review and Appearance Board staff report (i.e. street frontage setbacks, sloped/roof parapet, stacking, sight visibility, mechanical parking lifts, minimum pavement width, parallel parking spaces, and minimum transparency or glass surface area). Mayor McDuff e stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Gary Goldfarb, owns 502 -506 East Atlantic Avenue, Delray Beach, fully supports this project and feels that the City needs this. Owner of Sonoma Cafe, supports the project and would like to see them move forward as quickly as possible. Bob Ganger, President of the Delray Beach Historical Society, stated he is pleased to see a number of photographs of Delray Beach that they have supplied and talking to the developer from the get go. He stated the developer came to them and said that they want to build a bridge between the past, current, and future and do it with taste and dignity. Mr. Ganger stated that this development is going to be a statement that is going to last longer than many of us will live. He feels this project has to be done right and he fully supports this project. Mr. Granger stated if the Commission has any questions regarding the aesthetics of the project he is happy to help in any way he can. - 11 - 04/07/09 Jos6_Lorenzo, Law Practice located at 25 Seabreeze Avenue, Delray Beach, supports the Atlantic Plaza Project. Mr. Lorenzo stated he has been in Delray Beach for 12 years and has essentially seen Delray Beach become a model for many cities in Florida that are looking to expand and grow in a positive way. He stated the growth we have experienced has not happened because we stood still and saw it happen but rather because there was some very aggressive but careful planning on the part of our leaders that invited many of these developers to invest in the community. Mr. Lorenzo urged the Commission to support this project. Lee Passarella,_1105 Miramar Drive, Delray B_ each (speaking for the Delray Art League), stated the Delray Art League Delray has been around for 40 years and they are the people with the white tents 11 weekends a year at Veteran's Park. She stated this area deserves a beautiful development to be there because right now it is an eyesore and is not really conducive to anyone going to the park. Ms. Passarella stated when you get to Federal Highway and look toward the bridge all you see is a defunct shopping center and the park. She urged the Commission to move forward with this project. Joe Silk Delray Beach resident for 19 years, he stated he has the benefit of not only living here but also living here at US Trust Bank of America. He stated he has always been amazed at how vibrant Atlantic Avenue is and then when you cross over Federal Highway the business stops for the most part. Mr. Silk stated the ability to support this project not only from the commercial residential and the office side would add that one piece that is missing on Atlantic Avenue and would also be a great benefit for the business. He stated this is a win -win for the City and the taxpayers too. Andy Katz, speaking on behalf of the Beach Property Owners Association (BPOA), congratulated the Commission on their new positions and their returning positions and distributed photographs for the Commission to review. He stated the BPOA has met with City staff on a variety of issues that have been resolved for the better. Mr. Katz thanked the developer and City staff for tending to those issues particularly to the alignment of 7th Avenue. He stated the easement rules for governing 7th Avenue have been greatly modified to protect the public and the preservation of left- turn lanes on Atlantic Avenue. He expressed concern over some safety issues that do not affect the footprint nor the overall design, nor the ability of the developer to build, nor the cost to build but they do have to do with safety along the periphery of the project and in fact off the property line of the project. Mr. Katz stated those three features have to do with parallel parking at Atlantic Avenue, exit from Veteran's Park, and Atlantic Avenue widths in the median. He stated typographically Delray Beach is a very flat city except at the three bridges. Mr. Katz stated most specifically at the Atlantic Avenue bridge we have pedestrian crossings in all directions; we have businesses which we do not have at the other two bridges that rise on the Atlantic Avenue bridge as you are heading east to west across the Intracoastal, does not give you much time to see people crossing on the other side of the bridge. He stated this is a dangerous area. In addition, Mr. Katz stated twice an hour we have a bridge raising that lasts from 6 -8 minutes and traffic builds up from east to west and this traffic plug needs to cleat out and asked what the City is doing to make sure that we do not impede the traffic from clearing up. He display a photo -12- 04/07/09 taken looking eastbound from approximately where the six parallel parking spaces are being proposed on the north side of Atlantic Avenue between the park and 7`h Avenue. Mr. Katz stated the BPOA does not object to the parallel parking spaces between 7th and Oh but the spaces would force traffic to back up for a couple of reasons because people getting into those spaces now impede the through lane that people need to use to clear the bridge. Secondly, people waiting for other people to get out of a space so they can park would now block the right -hand lane for thru traffic. He stated a better use of that land would be landscaping or do something that the developer is doing on Federal Highway northbound getting to the west to east entrance off of Federal where there is some stacking spaces created for right -turn lanes into the development. Mr. Katz stated here from Atlantic Avenue into the development anyone turning right is going to back up again due to people crossing the street so the right -hand thru lane is going to be impeded unless we have some stacking distance and that is not allowed for in the current plan. The second issue to do with safety issue has to do with Veteran's Park. Mr. Katz expressed concern over the exit from Veteran's Park onto Atlantic Avenue and feels this creates a problem because the cars that come over the bridge have very limited visibility and commented that this is an accident waiting to happen. He made reference to some of the drawings and noted the beginning of the parking spaces so any people parking there would tie up the thru lane. Mr. Katz made reference to a drawing if you were exiting the park along the exit on the dotted lines on some of the drawings. The nine palm trees essentially block all visibility to cars coming over the bridge. Mr. Katz suggested that there not be an exit from Veteran's Park onto Atlantic Avenue. The entrance on the plan is at the north end (1St Street). Mr. Katz stated the better use of the space would be for more parking spaces in Veteran's Park or some landscaping. Lastly, Mr. Katz commented about the median that is shown on Atlantic Avenue itself. He stated although it is attractive is it coming at the cost of narrowing of lanes on Atlantic Avenue. He urged the Commission to address these safety concerns. Kevin Warner, 248 Venetian Drive, Delray Beach, concurred with comments expressed by Mr. Katz regarding public safety. He stated last week when he was not working he spent about an hour camped out at different locations and at the western edge of Veteran's Park on Atlantic Avenue in front of Atlantic Plaza on the other side of the street every single time he heard the screeching of the brakes and the tire on the pavement. Mr. Warner stated there are too many drivers who drive too fast on that stretch. He stated there are pedestrian crossing the street and feels that a median down the middle of the street will bean invitation to jay walkers. Mr. Warner stated he sees no justification for putting parking spaces along that northern stretch of Atlantic Avenue in front of the project and feels this is an invitation to death. He stated you cannot have cars exiting onto Atlantic Avenue closer to the bridge from where they come out of Veteran's Park now. Mr. Warner stated he is in favor of the project but he urged the Commission to pay close attention to issues regarding safety with the parking, the median in the center of the strip, and if there is in fact an exit out of Veteran's Park that is part of this project. He stated when Mr. Weiner commented about the numbers when aggregated seem large; he stated the numbers are large. -13- 04/07/09 Judy Fox, 1025 Kokomo Key Lane, Delray Beach, stated she is favor of the project because she believes there is a missing link that needs to be filled in for the City of Delray Beach. Joe Snider, supports the project and feels that this is a very exciting project. Mr. Snider commented about the green certification and noted that there has been a lot of discussion about the green efforts with the developer. He stated this is great and as a community we have been able to get those issues to the forefront and understand them and hear what they are doing. Mr. Snider stated LEER is a very flexible green building program and allows for multiple building certifications. He sees a huge value to the City in actually getting it certified because it ensures and defines the green parameters. Secondly, Mr. Snider stated it gives credibility to the initiative and you need third party verification. He stated a third party verification is very valuable to this city because we are trying to become a green city and we want green projects and LEER certified projects if we want to be a green city. Mr. Snider stated an actual certification would put us to the next level and make this visionary project and put Delray Beach on the map for sustainability. Bill Plum, stated he has lived here for 50 years and is in favor of this project. He stated this is the most aggressive and the most best presented project that he has seen of the many that he has seen over the course of time. Mr. Plum urged the Commission to go to Renaissance Commons and see what it has done for Boynton Beach and the City of Boca now has a mixed use community of business, retail, and residential. He stated this project will be right in the middle and Delray Beach becomes a destination and feels this is what we need in central downtown Delray Beach. Mr. Plum stated the bottom line is vital to everybody that serves on this City Commission. He stated this is an opportunity with the proper ingredients to a formula and it is a builder who has experience, current ownership in the City, financial ability, marketing ability and a sincere intent to succeed if he has been working at this request for over 18 months. Mr. Plum urged the Commission to support this project. Christina Betters, 931 Palm Trail, Delray Beach, stated she is in favor of this project and feels that those blocks have been dead for many years and have affected a lot of the businesses on the south side. She stated sometimes people drive too fast over the bridge but that is the driver and should be addressed to the Police Department versus the project. Ms. Betters stated this is an incredible mixed use site especially the tax money for the City and it will complete the east to the west side. Bill Wood, Chamber of Commerce, supports this project and stated this project is a little over 7 acres. Mr. Wood stated whenever there is a project everyone is not going to agree with everything but in concept everyone has agreed with this project. He stated the fact that so many have agreed is a good testament to the developers that they have listened and have tried to do the best they can to pay attention and considering the size of the project and coming out with something that has most everyone's approval is a remarkable achievement. Mr. Wood stated this project means all of the things that you can imagine in terms of business development, growth, and employment. He stated -14- 04/07/09 it also meets the character and the intent of what people would like to see in Delray Beach and urged the Commission to support this project. Francisco Perez -Azua, Director of Economic Development, stated this project brings a tremendous positive impact to the economy of the City. He stated it will not only add to the retail on Atlantic Avenue but it will become a catalyst to that retail both east and west. Mr. Azua stated those retailers need additional retailers to generate activity among them. The office component will bring a year -round daytime population to Delray Beach and this will help support the retail and the restaurants. He urged the Commission to support the project. Jestina Boughton, own and operates the Colony Hotel and also lives in one of the townhouses across the street, stated the Colony Hotel brought Starbucks to Delray in 1996 and they painted the Colony much to some peoples discontent of bright yellow before anyone else was using wild and crazy colors and now that is part of Delray. She stated she is in favor of this project and feels Mr. DeS antis has done an amazing job putting up with all the discussions and suggestions and feels that they will have to continue to do that. Ms. Boughton stated this is a mega project and tonight many valid suggestions have come up that raise concerns about the project. She stated we need to continue to look at the design of these buildings and expressed concern over the roofline looking too much of one giant building. Ms. Boughton stated the Colony was a certified Green Hotel in 1996 and feels it would be great if Mr. Weiner, Mr. DeSantis and everyone working on the project would actually go for the LEED certification and be the truly green that they say that they arc. She urged the Commission to try to find a way to make this possible. Alice Finst, 707 Place Tavant, Delray Beach (lived in Delray Beach for almost 40 years), stated tonight's presentation and other presentations that she has seen show the architecture to mimic the older structures dating back to the 1800's. She stated she would like to see some kind of connection made to this presentation of the old and the new and represented on the buildings on plaques and on photos exactly where the architecture came from. Mrs. Finst requested a legal guarantee in writing that the internal roadways will always be open to the public. She stated since the City is giving away thousands of square feet in the alleys which are public, she would like to know what the City is getting in return for the cash value of the land that it is abandoning. Mrs. Finst stated a presentation was made on how the construction is going to be done in phases and requested this in writing. She feels the City should have learned about keeping control of property after demolition and the permits need to be given before the demolition and the bonds be given, that the property will be fenced screened, landscaped, and not a public nuisance. Mrs. Finst requested that the City have a review of each section before the permits are given, to make sure they match up with the Codes and that the work in the previous section has been completed and that we are left with a good project before another project begins. -15- 04/07/09 Jason Bregman, 3320 Delray Bay Drive, Ate-#16,_ Delray Beach (Professional Designer and Environmental PIanner working up and down the east coast for 8 years and in South Florida for 4 %z years), expressed concern over the SPRAB process and finds it a little disappointing that they can spend a lot of time talking about handrail colors and building colors but we can't talk about the environmental nature of the building. Mr. Bregman stated that evening at the SPRAB hearing he heard Mr. Weiner say that they were going to seek LEED Certification or at least go through the LEED Certification process. At that same time that evening, Mr. Bregman stated a member of SPRAB said they could not make that as part of the conditions because it is a voluntary process. He stated Mr. Weiner volunteered during that process and inquired why this could not be made a part of a condition. Mr. Bregman stated if we keep deferring green as a separate part of a process, then it will never be a part of this city. He stated other cities that he consults for are always asking about how they can be greener and how they can be better. Mr. Bregman stated he would like to see the city that he lives in consider making these types of rules and regulations that can make something green a part of our process. He stated according to the discussion they had in the Green Candidates Forum recently (most attended forum) that the community has requested it. He stated that if you say you are going to make it green, it does not have to happen but LEED Certification is the only thing in the United States right now that guarantees by a third party review that the things that people were saying they will do are actually done. Garrison Banks,_ 931 Palm Trail Delray Beach attended ever meeting regarding this issue for the last 1 % years), stated it takes a lot of courage and fortitude to put a project like this together. He stated Mr. DeSantis has made many changes to the project. Mr. Banks stated this is going to be one of the best thing that has happened to Delray Beach and it will create so much impact on the west side as well as the east side of this town. There being no one else from the public that would like to give testimony on this item, the public hearing was closed. There was no cross- examination or rebuttal. Mr. Weiner stated that the Commission is not approving anything tonight that is in a public right-of-way and has to do with the park whatsoever. He stated there were suggestions only because they have been in touch with FDOT and they had some comments and thoughts. Mr. Weiner stated they responded to their comments and thoughts and this is designed with the pedestrian in mind so medians and things like that seem to go with the plan. He stated the City makes its own application to FDOT and the City is actually going to be designing the street but they are not designing the street tonight. Mr. Weiner stated with respect to the roofline, we have five different roof lines and four different materials and screening that are required by the City's Code and he believes they have addressed that. Mr. Weiner stated they have 500 pages of Guarantee for Public Access. He stated they actually gave away more land than they got when they did the realigning of the road. Mr. Weiner stated the City now has alternative 7th Court (alternative 7th Avenue) and they have actually improved the way the City has ingress -16- 04/07/09 and egress. He stated the construction is going to be in three phases and one of the things of having 7 acres is that they have more flexibility than anybody else has had before. Mr. Weiner stated entitlements do have an expiration date and what the Commission is doing tonight is not guaranteed forever and they realize that they have to take care of what they are doing. He stated with regard to going green, certification never comes until after occupancy and green is an ever evolving type of standard. Mr. Weiner stated that the site plan is way too early to be talking about and if we want to design the best green project we are going to be talking about what it is that we're doing when we get our engineering plans, moving forward on our engineering plans, and how it is that this is interpreted in the year 2011/2012 and that is when they will know what it is that they should be doing with respect to green. The City Attorney suggested that the Commission vote on the waivers first and then vote on the appeal. Mr. Eliopoulos stated one of the reasons he appealed this is because when a project goes through ,SPRAB and it is approved the City Commission has ten days to appeal that. He stated his preference is that when you have waivers it should be attached to site plan elevations. Mr. Eliopoulos stated if you don't appeal it the Commission cannot talk about those things and can only talk about the waiver. He stated he understands from the developer's standpoint that time is money but the Commission has to take the time to make sure they understand it for the people. Mr. Eliopoulos stated he believes in green but he feels this Commission needs to address staff so that something can be put in the LDR's. He stated the first thing you think about when you want to go green is you think about it before you put a line on the paper. Mr. Eliopoulos stated he thinks it is our responsibility to get this going but he does not believe it is our responsibility tonight to force it on this developer; however, he hopes the developer will start going that route. Mr. Eliopoulos stated he supports the waivers and these waivers being reviewed tonight are quite common on most projects that they deal with. Mr. Eliopoulos stated he respects what the architect stated about the four foot overhangs. He stated it is going green but if a building is that high the four foot is not really going to do much unless it is on every level. Mr. Eliopoulos stated he does agree that it is green but that it needs to be done to define the architecture. He stated although Mr. Weiner is correct that the Avenue is separate and it is shown and noted that he does have concerns with the park. Mr. Eliopoulos stated he does not support the cars coming out onto Atlantic Avenue because it is too close to the bridge. He stated we want to get the link going and get the pedestrians flowing in order to get the businesses thriving. Mr. Eliopoulos stated on the north park of the site there is an outfall line that is basically shared with the City of Boynton Beach and Delray Beach. He stated he wants the developer to know that it is not just this Commission and/or the City but it is actually Boynton and Delray. Mr. Eliopoulos stated he was concerned with that location and when we relocated 7tb Avenue if it was going to affect that line. Mr. Dorling stated he does not believe we are impacting that line and during the review that has not come up as an issue. Mr. Eliopoulos stated another concern of his has been the architecture, and for the most part the developer has done what he was supposed to do. He stated they went to the Treasure Coast Regional Planning Board and they looked at the old Atlantic Plaza -17- 04/07/09 and they strongly opposed. Mr. Eliopoulos stated they looked at what was done originally, what is done now, and how the buildings are being stepped back. He concurs with Mrs. Finst about the alleys and agrees that alleys in the right areas really do work and the cash value to him is the streets that they are putting in will be way more valuable than those alleys that have not been used. He expressed concern over the phasing and relocating the street and the infrastructure. Mr. Eliopoulos stated about what the storefronts can look like and he would like to encourage that we follow through with this and noted that this project will take several years. Mr. Fetzer stated it is very important that the Commission does not lose site of what they are approving and focus on those issues (approving the waivers). He stated he thought it was incredible that we had as many people from the public speak tonight and he did not hear the waivers come up as a concern with anyone. Mr. Fetzer stated there were some concerns brought up particularly related to LEER Certification and the traffic issues on Atlantic Avenue and feels these are valid concerns and issues that need to be addressed but the Commission will not be able to address those issues as part of their action tonight. He encouraged staff to work with the developer and FDOT so that those issues are addressed. Mr. Fetzer stated in regard to the waivers, that this is a tool that we have in complying with the LDR's that gives the City an ability to improve projects and there is nothing extraordinary about these waivers that we have not done on other projects to help make the projects better. Mr. Fetzer stated he supports the waivers and is particularly in favor of the underground parking that is being proposed. He stated surface parking like we have now at Atlantic Plaza is a big drawback. Mr. Fetzer stated if we can conceal that parking and use this new technology to do that he totally supports that. He stated there have been some rumors that he has received emails about some concerns that we may be limiting our access to Veteran's Park and he does not see that. Mr. Fetzer stated he is opposed to the additional exit off Veteran's Park as well but he feels that we need to assure the residents that we are not in any way limiting the access for the residents to Veteran's Park. He stated this design is much more complimentary to Veteran's Park and he is pleased to see the level of public support for this project. Mr. Fetzer concurred with comments expressed by Mr. Wood that this project is going to be an engine for economic development in the downtown area. Mr. Fetzer stated another criticism he has heard is whether the Commission is really providing the oversight to this project that we should be and he feels that we are. He stated he wants to assure everyone that the Commission is taking this project very seriously and trying to work with this developer to have a project that we are going to be proud of for Delray Beach. Mr. Bernard stated typically when you are giving waivers the City must be receiving something back for giving these waivers. He stated with this project it will create business development in our city, increase the tax base, create new jobs, and will keep the sustainability of the downtown. Mr. Bernard stated with regard to the public safety issues and Veteran's Park, he too agrees that we should not have that exit out of Veteran's Park, and also that we need to address the median and also the parallel parking. Mr. Bernard stated the parallel parking in that section may possess some problems for them in the future. He stated with regard to being green certified and it is something that the Commission would need to address in changing the LDR's. Mr. Bernard stated he 04/07/09 hopes that the developer and his team will help to make sure that this project is as green as possible. He stated in making sure that future projects are green certified this is something that the City Commission must and should address. Mr. Bernard stated he wants to make sure that the developer will meet the workforce housing requirement in this project. Mr. Frankel stated this is an amazing project and feels this is a great benefit to everyone in Delray Beach and in South Florida. He stated Mr. Katz and Mr. Warner made some very valid points about the pedestrian and traffic safety. Mr. Frankel stated as part of the preparation for tonight's presentations the Commission was given in excess of 50 emails and Mr. Joe Snider's email stood out to him the best because it showed the commitment he has to making our city a more green and eco- friendly city. Mr. Frankel stated Mr. Bregman made a point about during the campaign season how the Green Forum was the most attended. Mr. Frankel stated whatever their encouragements and regulations we can make as a Commission to make green construction a priority and offer incentives. He expressed concern over the automatic parking and noted why it looks great in theory it seems like it could be subject to breakdown or failure. Mr. Frankel stated a project of this size will create numerous construction jobs and he would hope that any local Delray Beach construction worker's be looked at and hopefully put to work on this project because we are in tough economic times and he feels it would be a good thing to do. Lastly, Mr. Frankel stated how the entire project maintains the village - by- the -sea characteristics of our city is impressive and during the campaign season that was very important to the numerous residents who came to the forums. He complimented the developer on this project for doing a great job of creating economic development and a beautiful place. Mayor McDuffie thanked everyone who is here tonight sacrificing their time to be here because they are concerned about Delray Beach and what we build in the future of our city. He stated as a Board appointee or an elected official in the City of Delray Beach, he does not think he has ever seen a product scrutinized to the level as this has been scrutinized and go through as many meetings as this one has been through. Mayor McDuffie applauds the developer for doing things the Commission asked him to do which was to reach out to the community and bring the citizens in to get input from the surrounding neighbors and to find out the concerns and he feels the developer has done that. He stated a project of this magnitude and essentially everyone who came to the mic tonight basically supporting the project with some concerns. Mayor McDuffie stated the City will deal with the concerns on Atlantic Avenue quite closely. He stated upon the submission of the report from the Green Task Force, a report was distributed to every Department Head in the City. Mayor McDuffie stated in a Commission Meeting the Commission asked them to come back within 90 days and tell them everything that they could possibly incorporate as contained in the report from the Green Task Force. Furthermore, Mayor McDuffie stated it is a noble and responsible thing for the Commission to look at having the things that are contained in that report woven into the fabric of the ordinances and the regulations of the City of Delray Beach. He stated this project began 18 months ago and we did not have nor do we have today any of the Green Task Force requirements in the Land Development Regulations of the City of Delray NVE 04/07/09 Beach. Mayor McDuffie stated it is his intent that when everyone sits down a year from now and have a meeting like this, that they will have elements of the Green Task Force report woven into the fabric of the Land Development Regulations of the City of Delray Beach. Mayor McDuffie stated the developer has been a good citizen of Delray Beach and we will encourage him to do everything that he possibly can to weave green development into that project as well. Mayor McDuffie supports this project and every question that he has asked has been answered and no feedback from the public that he has provided to this developer has met with a negative response and they have responded positively in everything that we have asked them to do. 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 adopt the Board Order as presented (approving all waivers), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer --- Yes; Mr. Frankel — Yes; Mr. Bernard -- Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to adopt the Board Order as presented (denying the appeal) seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Ehopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:39 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 13 -09 (SECOND READING /SECOND PUBLIC HEARING): Consideration of an ordinance, providing for acceptance of the resurvey report of Nassau Street Historic District including extending the period of significance to 1964 and reclassifying five (5) properties from non - contributing to contributing. The caption of Ordinance No. 13 -09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON - CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. IKIZ 04/07/09 (The official copy of Ordinance No. 13 -09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in 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 for the acceptance of the resurvey report of the Nassau Street Historic District including extending the Period of Significance to 1964 which would reclassify five (5) properties from non - contributing to contributing with the exception of the two buildings that were built at A -1 -A. At its meeting of March 17, 2009, the City Commission recommended approval of Ordinance No. 13 -09 with a 5 to 0 vote and at its meeting of March 4, 2009, the Historic Preservation Board recommended approval with a vote of 6 to 0. Mayor McDuffie declared the public hearing open. Jennifer Lee, owner of 1026 Nassau Street, Delray Beach, stated they are greatly in favor of this ordinance. There being no one from the public ' who wished to address the Commission regarding Ordinance No. 13 -09, the public hearing was closed. Prior to roll call, Mayor McDuffie asked. if the City is doing some widening on Nassau Street and stated he understands there have been some dedications requested from the property owners. Mr. Dorling stated the City is not doing any widening but they are asking for dedications to make a consistent width from one end to the other with new development because some of the homes that are being redeveloped did not provide the 30 foot minimum width that staff is requesting continuously from one end to the other. Mr. Dorling stated the LDR's call for 50 foot streets; however, it is acknowledged that this is a unique situation where 30 feet is appropriate. He stated we are also getting in most cases a sidewalk easement which the property owner retains but there is an additional five feet on those properties being redeveloped. Mr. McDuffie stated what is happening is the mortgage holders are requiring a before and after appraisal. The City Attorney stated she had a meeting today with a property owner and what the City really needs is a subordination of the mortgage not a release of mortgage. The City Attorney stated she believes that might have been straightened out with one property owner and the City is going to work with her and her bank to see if they really need that requirement. -21- 04/07/09 . Mr. Bernard moved to approve Ordinance No. 13 -09 on Second Reading/Second Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes. Said motion passed with a S to 0 vote. 10.B. ORDINANCE NO. 18 -09 (FIRST READING /FIRST PUBLIC HEARING): Consider an ordinance amending the Land Development Regulations (LDR) of the Code of Ordinances, by amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District ", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", to allow educational facilities, training centers and vocational schools as a conditional use within this zoning district; and amending Subsection 4.4.29(H) to specify parking requirements for educational facilities, training centers and vocational schools within the MROC Zoning District. If passed, a second public hearing will be held on April 21, 2009. The caption of Ordinance No. 18 -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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (N ROC) DISTRICT ", SUBSECTION 4.4.29(E), "CONDITIONAL USES AND STRUCTURES ALLOWED ", IN ORDER TO ALLOW EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(H) TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS WITHIN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18 -09 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in 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 City - initiated amendment to the Land Development Regulations Section 4.6.9(C)(6)(e). Mr. Dorling stated the City received an inquiry from Kaplan University about opening an instructional center with 20 -30 students in the Congress Avenue Corridor. He stated -22- 04/07/09 while educational facilities were originally discussed during the creation of the new MROC District they were not eventually codified. Mr. Dorling stated staff suggests adding this as a conditional use and staff prefers to have it as a conditional use versus a permitted use because given the category there is a potential range. At its meeting of February 23, 2009, the Planning and Zoning Board initiated the amendment and includes reference to adding the use as well as a parking requirement for that type of use which is currently contained in the Land Development Regulations but referenced in this amendment. At its meeting of March 16, 2009, the Planning and Zoning Board officially considered the text amendment and recommended approval with a vote of 5 to 0 (Halberg absent and Perez resigned). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18 -09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 18 -09 on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. 10.C. _WAIVER OF BIDDING REQUIREMENTS/PIPE LINING OF THE 16" INTRACOASTAL CROSSING: Consider approval of waiving the requirements of Chapter 36, "Bidding Requirements and Procedures ", for the pipe lining of the 16" Intracoastal Crossing. 1. CONTRACT AWARD/INSITUFORM TECHNOLOGIES., INC.: Consider approval of a contract award in the amount of $164,303.00 for lining the abandoned 16" force main under the Intracoastal Waterway and a waiver of the City bonding requirement. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area I IA Reclaimed Water System. Funding is available from 441- 5181 -536- 65.96 (Water and Sewer Fund/Other Irnprovements/Reclaimed Water Transmission). The City Attorney stated this has been advertised for a public hearing to waive the bidding requirements. Richard Hasko, Director of Environmental Services, stated the City has a new 16 inch ductile iron raw sewage force main crossing the Intracoastal Waterway that was installed in the late 60's early 70's. The City started having concerns about it in 2001 because it is the single line that takes all of the raw sewage from the barrier island and brings it across the Intracoastal Waterway and takes it out to the Wastewater Plant, Mr. Hasko stated with the age of the pipe and the fact that it is the only conduit that did -23- 04/07/09 that, there was no opportunity to inspect it for maintenance or take it for service. In 2002, Mr. Hasko stated the City did a parallel 16 inch crossing using more current technology. He stated after that process they connected that pipe on either side and that has been in service since that time. The existing 16 inch pipe was left in place with the idea that at that point in time the City was just thinking about how we were going to implement reclaimed water and how to get it across to the barrier island from the Wastewater Plant. Staff had been thinking in terms of utilizing that line for those purposes since the time that we effectively took it out of service. Mr. Hasko stated it has been televised and visually appears to be in fairly good condition. He stated some of staff's concerns are things that cannot be seen visibly because this has been buried under some adverse conditions and environment for many years. Mr. Hasko stated the entire life of its operation has been under relatively low pressures because the force main transmission system coming across the barrier island is only under as much pressure as the upstream lift station puts on it (30 or 35 lbs per square inch). He stated the operating pressure of the reclaimed transmission system is going to be significantly higher than that. Mr. Hasko stated staff has worked for quite some time on organizing and orchestrating a method to line that pipe with a product that would get us as close as we could get to meet the specification for a pressure pipe. Mr. Eliopoulos inquired about the two hour test. Mr. Hasko stated the typical specification for a water main or a normal sewage force main would be a two hour 150 psi test and there is a certain amount of allowable leakage. Mr. Hasko stated they seal the pipe and they pump it up to the 150 psi and leave it there for two hours and at the end of the two hour period they look at how much pressure was lost and they pump it back up to 150 lbs. He stated there is calculation you go through that tells you how much water you lost over the length of the pipe. Mr. Hasko stated this reclaimed water system will operate at similar pressures; however, in terms of the liner of this pipe staff cannot find anything that will give the City 150 lbs. but they are comfortable that the 120 psi test will give sufficient cushion. Mr. Eliopoulos asked what the timeframe would be if the City did go out to bid to make sure that no one else is out there and asked if the City is in jeopardy of losing the grant if this is not finished by August. Mr. Hasko stated he does not feel this is a critical path activity at this point and if staff were to go out to bid on this the typical timeframe from advertising to contract award is 6 -8 weeks so the City would not be awarding a contract until the end of May or June. He stated the work would probably not occur until July and staff would have it completed by August 1 ". Mr. Hasko stated the end of August is the deadline for the South Florida Management District Grant in terms of having the entire project substantially complete. He is not sure if this would impact the time elements on the other two contracts in terms of requiring contract extensions. Mr. Bernard stated he cannot support waiving the bid requirements since it does not affect the critical path activity. He stated the Commission approved Item 9.A.A.A.A. where there was only one bidder. Mr. Fetzer stated staff s recommendation is to approve waiving the bid requirements and asked why this is necessary. In response, Mr. Hasko stated there is no -24- 04/07/09 real meaning to a bond on a project of this sort because it is a single activity project and is more of a maintenance activity than a construction activity as opposed to a three month construction project where there are subcontractors on the job and there are monthly draws on the contract. The City Manager asked if staff is waiving a payment bond as opposed to a performance bond. The City Manager stated normally you would have a payment bond in case the contractor did not pay his subcontractors but in this case there are no subcontractors. Mr. Eliopoulos stated if the City is leaning towards going out for bid and you get one bidder that technically does not affect us. He asked if this is costing the City more and we keep talking about being transparent and the most transparent way is to go out to bid. Mr. Hasko stated there is probably a certain additional administrative cost from the City's perspective and if the City were going to require the payment performance bond the City will inflate the contract on some level. Mr. Frankel asked how much this would inflate the contract. Mr. Hasko stated this would inflate the contract by about $15,000.00- $20,000.00. Mr. Eliopoulos asked if staff has ever done this type of request before. Mr. Hasko stated the City has a program for sewer system rehabilitation and would use Insituform on that project because they have a lot of success with their product and then the City would piggyback the West Palm Beach contract and the Boynton Beach contract, etc. Mr. Hasko stated since it is a maintenance activity and a single activity type of thing, the City does not normally require the performance of payment bond. Mr. Eliopoulos stated he concurs with Commissioner Bernard about going out to bid whether there is one bidder or not. Mayor McDuffie stated the Commission has done a lot of talking to many people during this last election about transparency of this Commission. Mayor McDuffie stated if it is not going to hold up staff and if the City is not going to lose the grant, he would prefer that we bid this. 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 adopt the Board Order as presented (Denying the Waiver), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer --W Yes; Mr. Frankel — Yes. Said motion to adopt the Board Order (Denying the Waiver) passed with a 5 to 0 vote. -25- 04/07/09 Mr. Fetzer moved to approve the Contract Award to Insituform Technologies, Inc., seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mayor McDuffie -- No; Mr. Ehopoulos — No; Mr. Fetzer — No; Mr. Frankel — No; Mr. Bernard — No. Said motion to approve the Contract Award was DENIED with a 5 to 0 vote. At this point, the time being 9:08 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. II.A. CL Manager's er's res onse to prior public comments and in uiries. Regarding the handicapped parking near the VFW, Engineering has completed a plan for handicapped parallel parking spaces adjacent to the VFW. It has been reviewed by the VFW and staff expects that the work will be completed within the next two weeks. With regard to a concern expressed by Mrs. Finst about Bellantica Gardens, the City Manager stated notice was not provided for the particular meeting that she made reference to. The City Manager stated given the scale of this project the Planning Department will notify property owners within 500 feet for the upcoming meeting on May 20, 2009. He stated Mrs. Finst also expressed concern that development was not the element of what was envisioned for the Four Corners. The City Manager stated the Overlay District was created as a result of the Florida Public Officials Design Institute Report recommendation for this area. The report recommended that development mass be increased at the Four Corners and incentives be provided to encourage mixed -use development and moderate to high density housing including a workforce housing component. The City Manager stated the district was adopted after public hearings to include densities of 30 units per acre and heights up to 60 feet. He stated while the proposed development is different in mass and scale than adjacent developments, it is consistent with the image and vision for the Four Comers Overlay District. With regard to concerns expressed by Mr. Hawke about Code Enforcement Board cases, the City Manager stated he sent a letter to Code Enforcement in 17 cases reviewed, ample time was given to the respondent to comply with the original Code Enforcement notice of violation and subsequent Board Orders allowing additional time to correct and non - compliance orders issued after compliance was not achieved. The City Manager stated compliance time and fines imposed by the Board are consistent with previous cases of similar nature heard by the Board. He stated of the 17 cases, three (3) of the cases were commercial property, ten (10) were rental properties, and four (4) were owner occupied. The City Manager stated staff takes into consideration all the options available to help facilitate compliance in code cases prior to the cases reaching the Board. He stated for the most part they are successful with about 90% of the cases initiated coming into compliance without ever having to go to the Board. SK411 04/07/09 11. From the Public. 11.B.1 Kevin Warner, 248 Venetian Drive, Delray Beach, congratulated Mayor McDuffie and Commissioner Eliopoulos and also welcomed Commissioner Frankel. Mr. Warner stated all six fire stations in the City have two emergency vehicles (a fire truck and a transport vehicle). Mr. Warner briefly discussed the staffing with regard to Fire Station No. 2 and that there is now only one vehicle available for response. He stated there are a total of eleven vehicles in the city and the Beach District at Station No. 2 has access to 9% of those emergency vehicles. Mr. Warner stated the Beach District contributes approximately 30% of the City's residential tax revenues and asked if they are being short changed for the amount they are contributing. He stated he believes it is a valid argument because there are approximately 5,000 properties in the City that pay no real estate taxes because they are under the homestead radar screen. Mr. Warner briefly discussed the budget and stated dividing essential service from non- essential services is a smart thing to do. He stated he is disturbed that in their recommendations the Budget Task Force chose to continue giving a subsidy to street fair vendors to help pay for police and fire overtime. Mr. Warner stated it is more important to him that Chief James has an additional body on staff so residents on the beach can have two emergency vehicles like the rest of the City to help some of the street vendors pay for their Police & Fire overtime. 11.13.2. Francisco Perez -Azua, Economic Development Director, stated he is very enthusiastic and positive about this position. He stated he has been working on economic development for the last couple of years through the Chamber of Commerce. Mr. Perez -Azua stated the main focus is going to be the sustainability of the downtown which is the jewel of Delray Beach. He stated promoting Class A office space in the CBD District and completing the downtown from N.W. 5d' to I -95 and Congress Avenue is also another main focus. 11.13.3. Al Jacquet, 236 S.E. Yd Avenue, Delray Beach, stated he has received complaints from his neighbors about water issues and drainage problems when it rains in his neighborhood. He stated when the children cross the road they have to hike up their pants and take off their shoes. Mr. Jacquet stated he moved to this neighborhood in 1996 and it has been that way ever since. He stated he distributed photos displaying how high the level of water gets. Mr. Jacquet reiterated that when it rains on S.E. 3`d Avenue the water does not go anywhere and it sits in front of the houses and noted that it is a real problem for school buses and people trying to go to work. Mayor McDuffie stated there was a study done in Osceola Park and a proposal to do many infrastructure upgrades in this area and the homeowners came to the Commission and said that they essentially did not want to have that done at this time. However, Mayor McDuffie stated that the City can look into the standing water issue and the City Manager will respond to him. At this point, the time being 9:21 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. -27- 04/07/09 9.B. REQUEST FOR IN-LIEU SPACES/LINDA BEAN'S PERFECT MAINE ROLL: Consider a request from Linda Bean's Perfect Maine Roll for the purchase of four (4) in -lieu parking spaces in the amount of $62,400.00 to accommodate a conversion of use from retail to restaurant. Linda Bean's Perfect Maine Roll is located at 200 East Atlantic Avenue. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated Linda Bean's Perfect Maine Roll located a 200 East Atlantic Avenue has submitted a Class IU site plan modification for the conversion of an existing 1,502 square feet optical store to restaurant. Mr. Aronson stated the conversion requires the provision of parking and the difference of the current retail store which requires one space per 300 square feet and the conversion to restaurant which requires six spaces per 1,000 square feet of total floor area so the required number of spaces for the proposed conversion of use is four (4) spaces. He stated LDR Section 4.4.13(G) requires the four (4) parking spaces. Currently, parking spaces are $15,600.00 per space for a total of $62,400.00 to be paid in full upon issuance of a building permit. Mr. Aronson stated LDR Section 4.69(E)(3) gives the City Commission the power when it is impossible or inappropriate to provide said parking spaces to improve this in -lieu of payment. The Comprehensive Plan speaks of innovative ways to provide parking (in -lieu parking program). He stated the Federspiel Parking Garage and the Old School Square Parking Garage are each one block walking distance of the said subject property. W. Aronson stated there is also a valet parking stand across the street on S.E. 2nd Avenue and on the 200 block of Atlantic Avenue in front of the subject property which both have operating hours after 5:00 p.m. Mr. Aronson stated staff expects during the day that this will be mostly pedestrian traffic. He stated this is a very exciting project. Staff recommends approval. At its meeting of March 24, 2009, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request and at its meeting of March 26, 2009, the Community Redevelopment Agency (CRA) recommended approval of the applicant's request. Due to the scheduling, the Downtown Development Authority (DDA) will be advised of the findings of these deliberations at its meeting of April 13, 2009. Richard Jones Richard Jones Architecture (Avylicanft, stated they support staffs findings and this is going to be a new and unique restaurant downtown and their specialty will be lobster rolls. Mr. Jones stated he is excited about the project and appreciates the consideration of the in -lieu parking fee. He stated this will be Linda's first Florida location and she chose Delray Beach over St. Augustine, Sarasota, Naples, and several other cities. IWE 04/07/09 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in -lieu parking spaces, to please come forward at this time. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mr. Eliopoulos stated sometimes an owner can make payments on in -lieu fees as opposed to this being issued with the building permit. Mr. Aronson stated ownership of the property; she is being a tenant. The City Attorney stated there is no way to lien the property and this is the City's way to collect the money. Mr. Eliopoulos stated he would rather see somebody successful stay for many years as opposed to going out of business because they could not make it after that first hit. He stated we want success right now and the City needs to help people the best way we can to fill these stores and/or to renovate them. Mr. Frankel stated looking at the map that staff provided it shows that the restaurant takes over the entire building; however, in passing the building there is another art gallery that takes up about one -third of the building. He stated he would like to ensure that the applicant is being charged the correct amount. Mr. Aronson stated the map is an aerial that is seen from the roofline so it does not really divide the square footage of the interior of the building correctly. 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 adopt the Board Order as presented, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.C. RESOLUTION NO. 12 -09 (RESOLUTION OF NECESSITY/DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution declaring the necessity for public improvements for the Douglas Avenue area, and directing the establishment of a special assessment district to defray a part of the expense for such improvements. The caption of Resolution No. 12 -09 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEFRAY BEACH, FLORIDA, DECLARING THE NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE DOUGLAS AVENUE AREA AS SHOWN ON EXHIBIT "A ", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE CONSTRUCTION OF A ROAD; PROVIDING -29- 0.4/07/09 FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. (The official copy of Resolution No. 12 -09 is on file in the City Clerk's office.) Brian Shutt, Assistant City Attorney, stated this Resolution of Necessity is the first step in setting up a special assessment district. Mr. Shutt stated the special assessment district is Douglas Avenue because the assessment district is really to fund the construction of Douglas Avenue. Currently, no road exists. He stated the people who would benefit and who would be part of the special assessment district are the ones who currently do not have legal access to their properties; they would have access over Douglas Avenue. He made reference to the map and stated a lot has been added to the very end and it is a City owned lot. Mr. Shutt stated the City will be part of the special assessment district and will be installing a cul -de -sac in that area. He stated the maximum that would be charged to the property owners is $90,277.99 which equates to $111.73 per front foot. Mr. Shutt stated if the Commission approves this resolution this evening, staff would go ahead and start the process and come back in front of the Commission with the resolution to set the public hearing for the adoption of the preliminary assessment roll and notify the property owners at that time. Mr. Eliopoulos asked if we have heard anything negative back with regard to any of these properties. Mr. Shutt stated he is not sure if the City Engineer has heard any negative feedback from the letters that were sent out. He stated eight of the properties are owned by one entity and there are a couple of small property owners on each end. The City Manager stated the lots are not buildable without a street; someone has to build a street and this seems the fairest way to do it. Mr. Fetzer moved to approve Resolution No. 12 -09, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — No; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 9.D. CHANGE ORDER NO. VROSSO PAVING & DRAINAGE INC./HOMEWOOD BOULEVARD BICYCLE LANES ROAD WIDENING: Consider approval of Change Order No. 1 in the amount of a $29,865.80 to Rosso Paving and Drainage, Inc. for adjusting the centerline of Homewood Boulevard for the Homewood Boulevard Bicycle Lanes Road Widening. Funding is available from 334- 3162 -541 -68.46 (General Construction Fund/Other Improvement/Homewood Blvd Bikepaths). Richard Hasko, Director of Environmental Services, stated the City received a grant not to exceed $500,000.00 to add bicycle lanes to both sides of -30- 04/07/09 Homewood Boulevard to Linton Boulevard He stated it gives the City the connection within a two -mile radius to Atlantic High School. Mr. Hasko stated what happens going southbound on Homewood Boulevard as you come out of the curb and you start in the straight -of -way down to where the island starts (just before S.W. 10t` Street to Lowson Boulevard) all the available right -of -way is on the west side of the road. Therefore, Mr. Hasko stated in order to add two five foot bike lanes to the roadway, you have to add ten feet on the west side of the road in that section. He stated then you would overlay and restripe the roadway so that there would be a five foot roadway on the east side and a five foot bike lane on the west side. Mr. Hasko stated when the Engineering Department designed that they recognized the fact that if the City did not do anything with the existing crown of the road and just restriped it and added the asphalt on one side, there would be a five foot offset between the physical crown of the road and the new lane dividing line. He stated it was brought to his attention that this is a little more than an aesthetic issue. Mr. Hasko stated this would not be your typical standard roadway section where the crown of the road by directional travel lanes coincides with the center line of the road. He stated at that point the contract had already been awarded but he asked staff to go back to the contractor and ask them what it would cost to realign the crown of the road so that we would be actually shifting that crown to five feet and there would be no offset between the actual dividing lane and the traffic lanes. He stated after some negotiating they came back with $29,885.80 and that would take the City over the $500,000.00 cap and would cost the City a little over $10,000.00 to do this. Mr. Hasko stated in his opinion, he would recommend to go ahead and do that but you can build it either way. Mr. Eliopoulos stated his main concern is safety. Mr. Bernard moved to approve Change Order No. 1 with Rosso Paving and Drainage Inc. for Homewood Boulevard Bicycle Lanes Road Widening, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos - No; Mr. Fetzer — Yes. Said motion passed with a 4 to 1 vote, Commission Eliopoulos dissenting. 9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Gerald Franciosa as an alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -- Yes;. Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. -31- 04/07/09 9.F. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Shelly Weil as a regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos --- Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes; Mr. Bernard — Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2010. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Jason Feldman as a regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2010, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.11. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Linda Leib as an alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes, Said motion passed with a 5 to 0 vote. 9.1. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2011. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to reappoint Eric Luckman as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:44 p.m., the Commission moved to Item 12, First Readings. -32- 04/07/09 12. FIRST READINGS: 12.A. ORDINANCE NO. 11 -09: Consider an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH (Mobile Home) District in part, and R -1 -A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein; amending "Zoning Map of Delray Beach, Florida, April 2007. If passed, a public hearing will be held on April 21, 2009. office.) The caption of Ordinance No. 11 -09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN PART, MH (MOBILE HOME) DISTRICT IN PART, AND R -1 -A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007 "; PROVIDING A GENERAL. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11 -09 is on file in the City Clerk's The City Attorney read the caption of the ordinance.. ; Paul Dorling, Director of Planning and Zoning, stated this is a privately - initiated rezoning from POC (Planned Office Center) district in part, MR (Mobile Home) district in part, and R -1 -A (Single Family Residential) district in part, to PC (Planned Commercial) district for the proposed New Century Courtyards project. The property is an 8.18 acre site and is located on the west side of South Federal Highway just north of the Plaza at Delray. The northern 2.03 acres contain a marginal office building, known as Executive Quarters; and the southern 6.15 acres contain the Floranda Mobile Home Park. Mr. Dorling stated this is part of a project which includes a separate Comprehensive Plan Text Amendment as well as a Comprehensive Land Use Plan Amendment which was part of 2009 -1 which has gone to the State and been reviewed and will be before the City Commission on April 21, 2009. Mr. Dorling stated this rezoning would accompany that on Second and FINAL reading. -33- 04/07/09 At its meeting of November 17, 2008, the Planning and Zoning Board considered this rezoning and several members of the public spoke against the associated Comprehensive Plan Amendment as well as the rezoning. They were concerned about the density and traffic and the visual impacts of stacking residential units above commercial space to the proposed development as well as a couple residents from the mobile home park were concerned about what would happen to them when the mobile home park was closed. After that discussion, the Planning and Zoning Board recommended approval with a vote of 6 to 0 with the Comprehensive Plan Amendment limited to a density of 18 units. The Commission considered the request which was for 25 units to the acre and they scaled it down to 22 units to the acre. Mr. Dorling stated this is part of the text amendment that the Commission will consider at their April 21, 2009 meeting. The current requirements would limit residential densities to 12 units to the acre in absence of that language that the Commission will consider as part of the Comprehensive Plan Amendment at the next meeting. Staff recommends approval. Mr.. Eliopoulos asked if there is anything that staff sees that protects us in the sense that this does not go straight commercial and that it still has that element. Mr. Dorling stated there is no guarantee that this could not be developed with other uses allowed in the PC (Planned Commercial). It is being accompanied by a mixed -use development but there is no commitment with the rezoning that it could not change in the future. Mr. Dorling stated from a land use point of view, it could end up with commercial uses without a residential component. He stated there is currently a single - family development in the Silver Terrace area which would abut it and the new Heritage Club (townhouses off S.W. 10'x' Street). Mr. Dorling stated that would not be impacting on the commercial use, nor the vacant but potentially commercial use, or across the east side of the road. However, he stated. it would have an impact if it went that way with respect to the single - family development and the townhouse developments that abut it. Mr. Eliopoulos moved to approve Ordinance No, 11 -09 on FIRST Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 19 -09: Consider a City - initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and 1 -95. If passed, a public hearing will be held on April 21, 2009. The caption of Ordinance No. 19 -09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT -34- 04/07/09 office.) REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) ", BY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT ", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT ", TO BE CONSISTENT WITH CHAPTER 2003 -314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "B ", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX `W', "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS ", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19 -09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the two major changes are to add one activity that is identified in the act that is not included in the current LDR's and that is the reference that the DDA (Downtown Development Authority) will "participate actively in plans and programs to encourage economic development and promotion of the Downtown as a prosperous Downtown Area'. Mr. Dorling stated the second thing it would do is modify the areas of the DDA. He noted that this change was made in 1998 but the LDR's were not changed so staff is making that change now. At its meeting of March 16, 2009, the Planning and Zoning Board considered the text amendment and recommended approval with a 5 to 0 vote; at its meeting of March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the proposed text amendments; at its meeting of March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendments; at its meeting of March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. Mr. Bernard moved to approve Ordinance No. 19 -09 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mr. Bernard — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. -35- 04/07/09 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Eliopoulos asked that the Police Department make one of their presentations at a Workshop Meeting similar to what he saw. The City Manager stated Chief Strianese has indicated that he is swamped with grant contracts and budget issues right now so he would like to do the presentation at the May Workshop Meeting if that is acceptable. Secondly, the City Manager stated there were some appointments to the Treasure Coast Regional Planning Council. He stated Terry Brown from Ocean Ridge was appointed as a regular member and Shelby Lowe from Riviera Beach was appointed as an alternate. The Board did tell the Executive Director to proceed with the development of a centralized lobbyist database. The City Manager stated they will be working on that. U.B. City Attorney The City Attorney publicly thanked Brian Shutt, Assistant City Attorney, and Cathy Kozol, Police Legal Advisor, for their success at trial last week in the Heather Leitch case. In addition, the City Attorney stated they did get a voluntary dismissal in the Stacey Lewis case today and also Cathy Kozol prevailed in a challenge to an ordinance violation case for drinking in public. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated Commission received the announcement of the City Attorney's retirement. He congratulated Mrs. Ruby and stated she will not be leaving until June 16, 2009. He stated the Planning Session is in April and since Mrs. Ruby will not be here beyond June, he would like to have representation from the City Attorney's Office to ensure continuity. Mr. Fetzer asked the City Manager to invite Mr. Shutt to this meeting. It was the consensus of the Commission for Mr. Shutt to attend the meeting. Lastly, Mr. Fetzer expressed concern over the editorial in the Palm Beach Post this week about the City's Bond issue procedures. He stated the Commission talked about having a Workshop Meeting on that item to go over specifically what the recommendations of Mr. Brown were. The City Manager suggested that this be discussed at the May Workshop Meeting. -36- 04/07/09 13.C.2. Mr. Eliopoulos Mr. Eliopoulos acknowledged the City Attorney's time of service and stated it has been an honor and a pleasure working with her for the last two years. He wished her the best success wherever her travels might take her. Mr. Eliopoulos strongly supports hiring within the City and encouraged the Commission to think about this. Secondly, he stated with regard to the bond policies he asked that staff bring something before them to vote on. Mr. Eliopoulos commented about an email regarding St. Vincent's and a predator near the school that has been called a sex offender. He stated when this happened in Lake Ida the City got the City Attorney's office and some of the police and/or probation officers to at least speak to people to educate them. Mr. Eliopoulos suggested that the City contact the school to educate them. Mr. Eliopoulos stated he attended the Spady Museum Gala this weekend and he had a nice time. Mr. Eliopoulos commended Commissioner Bernard with regards to following up with the tennis issues and noted that there should not be any kind of racism going on in this town. 13.C.3. Mr. Frankel Mr. Frankel congratulated the City Attorney on her retirement and wished her the best. Secondly, with regard to Mr. Warner's comments regarding the staffing at Fire Station No. 2, Mr. Frankel stated he does feel this is not fair to the residents on the beach but it is also not fair to the personnel at Fire Station No. 2 because they are risking their lives for the residents. Mr. Frankel stated that there may be some creative things that could possibly be done with the budget. He stated this is a priority for Lieutenant Tabeek and other members of the Fire - Rescue Department and he feels the City needs to make this a priority as well. Mr. Frankel recognized the Dori Slosberg Foundation and stated this morning he took part in a presentation with former State Representative Iry Slosberg, Palm Beach County Commissioner Shelley Vana, Burt Aronson, Steve Abrams, Assistant State Attorney Adam McAuliffe, and Lieutenant Michael Reardon from the Palm Beach County Sheriff'=s office. Mr. Frankel stated the Governor has designated April 20 -25, 2009 as Teenage Safe Driving Awareness Week. He stated this is recognized in the State and the County Commission also recognized it today. Mr. Frankel stated it is important to recognize it on a local level because so many accidents and fatalities are occurring in the State of Florida due to text messaging and unawareness by teenage drivers. Mr. Frankel stated Dori Slosberg lost her life as a teenager and former Representative Iry -37- 04/07/09 Slosberg has made it his mission to promote traffic safety. Mr. Frankel stated he was very proud to represent the City with these other individuals and to bring it to the attention of the Commission. 13.C.4. Mr. Bernard Mr. Bernard thanked the City Attorney for the work that she has done and she will be missed. Secondly, he stated the Spady Museum Gala was great. Mr. Bernard thanked Mr. Harden's staff for their effort and dedication that they have put into the economic stimulus package and for taking a look at the grants and making sure that we get every dollar. 13,C.5. Mayor MCDuffie Mayor McDuffie wished the City Attorney a happy retirement. Secondly, he stated the Spady Museum Gala was a great night and it was for a great cause. Lastly, Mr. McDuffie stated this is the first full meeting with the new Commission and he is very pleased to have the rest of the Commission sitting with him. There being no further business, Mayor McDuffie declared the meeting adjourned at 10:04 p.m. City Clerk ATTEST: MAYOR 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 April 7, 2009, which Minutes were formally approved and adopted by the City Commission on April 21, 2009. -38- 04/07/09 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. -39- 04/07/09 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING THE APPEAL OF THE ATLANTIC PLAZA II PROJECT 1. This is an appeal of a decision of the Site Plan Review and Appearance Board ( SPRAB) regarding the approval by SPRAB of the Atlantic Plaza 11 Project. This appeal comes before the City Commission on April 7, 2009. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval by SPRAB of the Atlantic Plaza 11 Project. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? Is the approval of the site plan, landscape plan, and elevations, with the conditions listed in Exhibit "A ", attached hereto and incorporated herein, consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes 5 No 0 II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A ", attached hereto and incorporated herein, consistent with Sections 2.4.5(F), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations? Yes 5 No 0 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and April 7, 2009 CC Meeting; Item g.A. finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 appeal, thus approving the site plan as approved by SPRAB, with the conditions as set forth in this order, and hereby ado is this Order is t� ay of April, 2009, by a vote of 5 in favor and 0 o posed 'N:� �' ATTEST: s) �\ . Chevelie Nubin , City Clerk _ 2 April 7, 2009 CC Meeting; Item g.A. EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Atlantic Plaza 11 Project 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the sub -grade drive aisles and parking beneath the private streets are acknowledged within the public easementlaccess area (subterraneal) and noted in the developer's agreement. 3. That a minimum of 57 spaces (or as adjusted by the recalculated net office area) within the automated parking system be made available to select non - residential tenants or required office employee spaces and that the note on the site plan is revised accordingly. 4. That the workforce housing option(s) and compliance with Article 4.7 be finalized and approved by the Director of Planning and Zoning prior to certification of the site plan. 5. That the photometric plans are revised to demonstrate compliance with LDR Section 4.6.8 prior to certification of the site plan. 6. That the applicant contributes the cost associated . with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project) prior to issuance of a building permit. 7. That the applicant install a bus shelter and provide an easement along NE 61 Avenue per the direction of Parking Management Specialist. 8. That the applicant provides a traffic calming element along NE 7Eh Avenue such as a speed hump or signage to be approved by the City Engineer. 9. That street signage for the private streets are consistent with the City standard signage. 10. That the light fixtures selected be full cut -off. 11. FPL easements be shown on the plans submitted to staff for approval. 12.That self parking to the general public be restricted from the parallel parking spaces along Atlantic Avenue east of N.E. 71h Avenue during the daytime and utilized by either a trolley stop or some other alternate form of parking to be worked out with staff. These spaces can be utilized by the general public for self parking during the evening hours. 13. That on the automated parking system access on building number six ( #6) that the driveover barriers be removed. 14. That a better location be found for the grease traps and roof access, to be worked out with staff. 15.That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted 16-That the developer will install temporary dedicated water line providing twenty -four hour, seven day a week bubbling irrigation to the relocated root pruned trees during the re- establishing period and that all new trees brought to be installed on the property be Florida Fancy in grade. 17.That the elevations of building two (2) are approved as presented at the SPRAB meeting, with the windows aligning with the column rhythm and spacing below. 3 April 7, 2009 CC Meeting; Item 9.A. 18.That the south of building six (6) be revised to provide the same material, texture, and architectural treatments as the north side of this building, to be worked out with staff. 19.To change the railing color from powder blue to green on building number four. 4 April7, 2009 CC Meeting; Item g.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ATLANTIC PLAZA li ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding the Atlantic Plaza 11 Project have come before the City Commission on April 71 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section-4.3.4(J)(3)(c), sloped parapet features shall be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent of the flat roof area of the building. Buildings #1, #2, #3, and #6 contain sloped parapets. In combination, the sloped parapets on these three buildings exceed 6 feet in height (7 feet 2 3f4 inches maximum proposed), project more than 2 feet beyond the face of the building (3.5 feet maximum proposed), and project further than 12 feet into the flat roof area of the buildings (16 feet 4 inches maximum proposed). The applicant has requested waivers from those portions of the buildings that do not comply with the sloped parapet requirements. Pursuant to LDR Section 4.4.13(F)(4)(a) -(d) the following- tables indicate that the proposed buildings comply with the required various street frontage setbacks, except for those portions of the buildings as noted in the furthest column to the right: Waivers necessary for those portions of the buildings that do not comply with the setback requirements have been requested. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right -of- way and the first parking space or alsleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance for the southern garage entrance of building #6 (Atlantic Court) is 36 feet 9 112 inches, and 19 feet 10 inches for the eastern garage entrance along NE 7f" Avenue. The applicant has submitted a waiver request from the stacking distance. Pursuant to LDR Section 4.6.9(13)(4)(a), parallel parking spaces shall be 8 feet in width and 22 feet in length. The proposed end parallel parking spaces are 8 feet in width and 20 feet in length. The applicant has submitted a waiver request from the parallel parking space requirement. Buildings #1 and #3 Required Compliance with Road/ Building % Building Required Lot Proposed LDR Building 1- !eight Frontage Setback Frontage Lot Requirements? Side (min /max) at Frontage Yes No Setback 70% 192.31' Atlantic Ground min./90% 10' max. min./247. 0' Avenue Floor to max. 25' max. Remaining 15' min. 27.48' 27. 274.73' 274.73' 37' Lot length Frontage 37' to 192.31' 48' 70% min. 15' min. 100% ` min. 70% 187.88' Ground min./90% 10' max. min./241. 0' NE 6h Floor to max. 56' max. Avenue 37' Remaining 15' min. 26'83' 260.82' ` length min. 268.3' Lot Frontage 37' to 48' 70% min. 15' min. �2 ' 100% min. 48' to 60' 90 °fo 30' min. 241.6'1' 100 % min. 70% 245.87' Atlantic Ground min.190% 10' max. min./316. 0' Court Floor to max. 12' max. Remaining 15' min. 35.12' 80.25' ` 25' 351.25' length min. 23 to ° 70 /° min. 15 min. 245.87' 49.48% , Lot Frontage 48. min. 177.42' 48' to 90% min. 30' 316.72' 47.40% , 60' min. 166.5' 70% 198.78' NE 7 I Ground min. /90% 10' max. min. /255. 0' Avenue Floor to max. 58' max. Remaining 15' min. 35.12' 80.25' • 25' 283.98' length min. 25' to 4B, 70 °,6 min . 15' min. '198.79' 98.5% Lot Frontage min. 4.41' 48' to 60' 90% min. 30' 58 100% ' min, 2 automated parking system. The applicant has submitted a waiver request from the applicable mechanical parking requirements. Pursuant to LDR Section 4.6.14(A)(1) and (2), the required sight visibility triangles are 20 feet at the intersection of the accessway and the public right -of -way and 40 feet at the intersection of two or more public rights -of -way. The proposed buildings encroach into the visibility triangles as noted by the large and small arrows in the map below. The remaining intersections that are not marked by arrows comply with the required sight visibility triangles. (ll Y I The applicant has submitted a waiver request from the sight visibility triangles Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non - residential and mixed -use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides between 34.13% and 50.14% transparency for the non- residential and mixed use buildings. The applicant has submitted a waiver request from the minimum transparency requirement. Pursuant to LDR Section 6.1.2(C)(3)(a), the mInImum paving width for local street is 24 feet. The proposed width of Atlantic Court and NE 7t' Avenue is 22 feet. The applicant has submitted a waiver request from the minimum pavement requirement. 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: J (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. Would a waiver to Section 4.3.4(J)(3)(c) to modify the sloped parapet features, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes 5 Would a waiver to Section 4.4.13(F)(4)(a) -(d) regarding street frontage setbacks, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(B)(5)? Yes 5 No Would a waiver to Section 4.6.9(D)(3)(c)(1 }, regarding the minimum distance between right -of -way and the first parking space, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(B)(5)? Yes 5 No 0 Would a waiver to Section 4.6.9(D)(4)(a) regarding the size of a parallel parking space, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes 5 No 0 Would a waiver to Section 4.6.9(D)(11) regarding mechanical parking lifts, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(B)(5)? Yes 5 No 0 Would a waiver to Section 4.6.14(A)(1) and (2) regarding sight visibility triangles, as set forth in the Planning and Zoning staff report, comply with the requirements of, 2.4.7(6)(5)? Yes 5 No 0 Would a waiver to Section 4.6.18(B)(14)(iv)(2) regarding the minimum transparency or glass surface on the ground floor wail area, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(B)(5)? Yes 5 No 0 D Buildings #2, #4, and #5 Required Compliance with Road/ Building % Building Required Lot Proposed LDR Requirements? Building Height Frontage Setback Frontage Lot Side (min /max) at Frontage Yes No Setback 70% 208.58' Atlantic Ground min./90% 10' max, min. /2613_ Of Avenue Floor to max. 18' max. Remaining 15' min. 29.79' 297.98' 297.98' 37' Lot length min. 37' to 208.58' Frontage 48' 70% min. 15' min. 100 °k min. 70% 418.66' Ground min./90% 10' max. min./538. 0" ° NE 7h Floor to max. 28' max. Avenue 25' Remaining 59.80' length 15' min. min. 540.39' 598-09, Lot 37' to 70% ° min. 15 min. 418.66' 98.3% Frontage 48' min. 587.39' 4$' to 60' 90% min. 30' min. 538.28' 73.53% 439.72' NE 10 70% 147.84' Street Ground min. /9Q °:6 10' max. min./190. 0' Floor to max. 06' max. 211.18' 25' Remaining 15' min. 21.1'!' 211.18' " Lot length min. 25' to Pursuant to LDR Section 4.4.13(F)(4)(e)('1), upper level setbacks do not apply to 3-story Frontage 48' townhomes. Building #6 Required Compliance with Road / Building Building % Building Frontage Required Lot Frontage Proposed Lot LDR Requirements? Side Height (min/max) Setback at Frontage yes No Setback 701/16 188.18' Ground min. /90% 10' max. min. /241. 0' ' NB 6'h Floor to max. 94' max. Remaining 15' min 25.83` 231.49' , Avenue 37' length . min. 268.83' 37' to 70% min. 15' min. 188.18' 100% , Lot Frontage q8' min. (268.83') 48' to 90% min. 30' min. 241.95' 100 (268.83') " 70% 245.54' Ground min. /90% 10' max. min. /315. 0' NE is' Floor to max. 64' max. Street 25' Remaining 35.07' , length 15' min. min. 350.72' 350.72' 25' to 70% min. 15' min. 245.50' 100% ' Lot Frontage 48' min. 48' to 60' 90% min. 30' min. 315.65' 1000/ " 70% 184.85' NE 7'h Ground min. /90% 10' max. min./237. 0' ' Avenue Floor to max. 67' max. Remaining 15' min. 26.40' 183.75' ' 25' 264.08' length min. 25' to 70% min. 15' min. 184.86. 100% " Lot Frontage 48' min. 48' to 90% min. 30' min. 237.6T 69.58% , 60' 183.75' 70% 246.38' Ground min. 190% 10' max. min./316. 0' ' Set Floor to max. 78' max Remaining 15' min. 35.19 54.75' 25' 358.82' length min. 25' to 48' 70% min. 15' min. 246.38' 100% Lot Frontage min. 48' to 60' 90% min. 30' min. 316.78' 28.45 ° /4 " 10011' Pursuant to I..DR Section 4.6.9(D)(11), mechanical parking lifts are allowed within the City. However, the proposed system does not comply with all of the City's requirements for mechanical parking lifts. Currently, the City allows only single level mechanical lifts, which must be operated by an attendant. The proposed system is multiple levels and will be a self -serve operation. The City's current requirements for mechanical parking facilities were crafted for a different type of system and do not anticipate the proposed 4 F3 � s s Would a waiver to Section 6.1.2(C)(3)(a) regarding minimum paving width, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(B)(5)? Yes 5 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 or denies the waiver requests as follows: LDR Section 4.3.4.(J)(3)(c) (modification to sloped parapet) 4.4.11(F)(4)(a) -(d) (street frontage setback) 4.6.9(D)(3)(c)(1) (distance between ROW and parking) 4.6.9(13)(4)(a) (size of parallel parking space) 4.6.9(D)(11) (mechanical parking lifts) 4.6.14(A)(1) and (2) (sight visibility triangle) 4.6.18(B)(14)(iv)(2) (glass surface on first floor) 6.1.2(C)(3)(a) (minimum paving width) Approve Deny ✓ 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7'h day of April, 2009, by a (ote�f 5 in favor 0 opposed. ATTEST: Nelson S. Chevelle Nubin, City Clerk 7 F r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR LINDA BEAN'S PERFECT MAINE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on April 7, 2009 from Linda Bean's Perfect Maine restaurant. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Linda Bean's Perfect Maine restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. 1. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional .parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for four spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Subiect to payment of $15,600.00 per space, totaling $62,400.00 to be paid in full upon issuance of a building permit. Yes 5 No 0 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 1 APRIL 7, 2009 CC MEETING; ITEM9.B 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 V denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7t'' day of April, 2009, by a vote in fa or a opposed. J ATTEST: Nelson S. McDuffie, r Chevelle Nubin, City Clerk 2 APRIL 7, 2009 CC MEETING; ITEM 9. B r IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FROM THE CITY'S BID REQUIREMENTS REGARDING THE AWARD OF A CONTRACT TO INSITUFORM TECHNOLOGIES, INC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 'l. This waiver request has come before the City Commission on April 7, 2009 where the City is requesting a waiver to Section 36.02 of the Code of Ordinances, that requires the acquisition of services above a certain dollar amount must be obtained by competitive bid. 2. City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to Section 36.02 of the Code of Ordinances. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to Section 36.02(D) of the Code of Ordinances, acquisitions greater than $15,000.00 must be obtained by the formal bid process. The City has requested a waiver to this requirement based upon the limited availability of viable pipe lining processes and time constraints. Should the waiver of Section 36.02 (D) to allow the City to award a contract to Insituform Technologies, Inc. without going through a formal bid process be granted? Yes 0 No 5 3. 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. 4. Based on the entire record before it, and a determination that it is in the best interests of the City, the City Commission approves denies ✓ the waiver request to Section 36.02 of the Code of Ordinances. 1