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03-16-10 Regular Meeting MinutesMARCH 16.2010 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 6:03 p.rn., Tuesday, March 16, 2010. 1, Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Bareinski, Assistant City Manager Brian Shutt, City Attorney Lanelda D. Gaskins, Deputy City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPRUVAL. Mayor McDuffie noted the addition of Item 9.E., Municipal Election Results to the Regular Agenda by addendum. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mr, Fetzer -Yes; Mr, Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; lUtr, Eliopoulos -Yes, Said motion passed with a 5 to 0 vote. 5. APPROVAL C?F 14~fNUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 2, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 03/16/10 b. PRQCLAMATItJNS: 6.A. Alzheimer's Association Palm Beach Memory Walk Day 2010 - April 10, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming April 10, 2010 as Alzeheimer's Association Palm Beach Memory Walk Day 2010. Bill Sussman came forward to accept the proclamation and gave a few brief comments. At this point, Commissioner Eliopoulos left the dais. 6.B. Commending multiple medal winners -Delray Beach 2010.... Senior Games Mayar McDuffie read and presented a proclamation hereby proclaiming that Chris Burt, Essie Faria, Flerbert Furash, Edward Leavy, Ed Rangel, Rodger Ribeiro, Carolynn Foley, Raymond Lebowitz, George Knoblock, Justin Langsner, Isaac Galarza, Edward Soderberg, RafB Toroyan, Fred Henderson, Neil Eichelbaum, Enrique Pintado, Martin Quinn, and Nuretti Sabuncu are to be commended far their many triumps in this competition, and for the spirit and enthusiasm. Linda Karch, Director of Parks and Recreation, came forward to accept the proclamation and thanked Danielle Beardsley, Rec. Supervisor III {Marketing for her help with this event and recognized the senior citizens far participating in the Senior Games. At this point, Commissioner Eliopoulos returned to the dais. 6.C. Recognizing and Commending the Delray Divas Step Dance Teams Mayar McDuffie read and presented a proclamation hereby recognizing and commending The Delray Divas Step Teams for their representation of the City of Delray Beach Parks and Recreation Department and offered them congratulations an an outstanding job in the 2010 Florida African American Heritage Celebration, David Ricks, Recreation Supervisor I~ and Linda Karch, Director of Parks and Recreation came forward to accept the proclamation and noted the Delray Divas Step Dance Team won $1,000.00 for their competition. 6.D. Water Conservation Month -April 2010 Mayar McDuffie read and presented a proclamation hereby proclaiming the month of April 2010 as Water Conservation Month in Delray $each. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and gave a few brief comments. 2 03116110 6,E, Fair Housin America Month - A ri12010 Mayor McDuffie read and presented a proclamation hereby proclaiming April 201.0 as Fair Housing Month in the City of Delray Beach, Florida. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and stated this year the City increased their contract amount with the Fair Housing office and one of the new things staff is doing is targeting the immigrant population. 1. PRESENTATIONS: '7,A. Matchpoint Fresentation -Mark Baron Mark Baron, Tournament Director at' the Deiray Beach International Tennis Championships, stated after 18 years of doing a World Tour event and now to do a combined ATP Champions World Tour Event; it opened multiple avenues for them. Mr, Baron stated this was the first year they put on Tennis on the Avenue (hit and giggle type tennis) and it was a major success and 2,000 people showed up. Mr. Baron stated next year they are going to take this one step further and become the only ten day event in America consisting of a Champions Tour and World Tour event. This will start on a Friday night and will consist of 18 sessions versus 17. He stated Tennis on the Avenue did some great numbers in the restaurants for the early hours but it also helped the merchants that sell products. Mr. Baron stated next year they are going to do Tennis on the Avenue again but start a little earlier (beginning at approximately 4:00/4:30 p.m. and over 5;00/5:30 p.m.) and anyone who buys a product on that night in a store or eats in a restaurant that night or day will be able to bring that receipt to the ticket window and receive a discount. Mr. Baron thanked the City of Delray Beach and also thanked Mayor McDuffie, Commissioner Frankel, and Commissioner Gray for attending the Trophy Championship Presentation that was televised. In addition, IVIr, Baron thanked David Harden, City Manager and Robert Barcinski, Assistant City Manager for being a great help throughout the year. John Butler, Executive Director of the Delray Beach. International Tennis Championships (far 1.9 years}, stated he has been fortunate to work with many incredible people and recognized Amanda Solomon (Telecommunications Systems Manager), Clayton Gilbert (Public Works), Harold Bellinger (Streets), Linda Karch (Director of Parks and Recreation), Tim Simmons (Parks Superintendent), Tom Kwiatek (Recreation Supervisor V/Community Center) and the entire Parks and Recreation staff for the countless hours they put in from Tennis on the Avenue. At this point, Mr. Baron recognized another staff member (Brian) who is the ticket liaison and sponsor liaison. Ivan Baron, Tournament Chairbaan, presented a crystal trophy on behalf of Matchpoint, to the City of Delray Beach for being the title sponsor for the 2010 event. 03/16110 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. SUSAN B. WILLIAMS HOUSE RESTORATION/JUDSON ARCHITECTURE, INC.: Approve an agreement with Judson Architecture, Inc., in the amount of $26,500.00 for construction administration services regarding the Susan B. Williams House Restoration. Funding is available from 334-4851-575-62.89 (General Construction Fund: Buildings/Munnings/WMS Rehab). 8.B. MEMORANDUM OF UNDERSTANDING: NATIONAL COMMUNITY STABILIZATION TRUST/REO AC UISITION PROGRAM: Approve a Memorandum of Understanding with the National Community Stabilization Trust to participate in the Real Estate Owned (REO) Acquisition Program. 8.C. AMENDMENT TO THE NEIGHBORHOOD STABILIZATION PROGRAM APPLICATION BOUNDARY AREA: Approve a request to amend the Neighborhood Stabilization Program (NSP) boundary area to add Census Tract 66.05. 8.D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 1, 2010 through March 12, 2010. 8.E. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Southland Painting Corporation in the amount of $50,630.00 for partial rehabilitation of Clarifier #4 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal and Replacement Fund: Machinery & Equipment/Other Machinery/Equipment). 2. Contract award to Gulfstream Sports Group in the amount of $25,125.00 for replacement of bleachers in the gym at the Community Center. Funding is available from 334-4125-572-46.10 (General Construction Fund: Repair & Maintenance ServicesBuilding Maintenance). 3. Contract award to RSI of Florida, Inc. in the amount of $59,640.00 for re-roofing the Water Treatment Plant Administration Building. Funding is available from 442-5178-536-62.10 (Water & Sewer Renewal & Replacement FundBuildings). 4. Purchase award to Garber Ford Mercury in the amount of $24,919.00 for one (1) 2010 Ford Crown Vic Police Interceptor replacement vehicle with options. Funding is available from 501- 3312-591-64.20 (Garage Fund: MachinerylEquipment/Automotive). 4 03/16/10 Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENI}A: 9.A. WAI'4~ER REQI~EST/ATLANTIC OCEAN CLUB: Consider approval of a waiver request for Atlantic ocean Club to Land Development Regulations (LDR) Section 4.4.13{F){l~(c), "Height", which requires a minimum floor height of 10 feet for the ground floor and 9 feet for all other floors. Located at the northwest corner of East Atlantic Avenue and the FEC Railway. (Quasi-Tudicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing for this hearing and all subsequent Quasi-Judicial Hearings. Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony at this time. Mayor McDuffie asked the Commission to disclose their ex pane communications. The Commission had no ex parte conununications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-441 into the record. Mr. Dorling stated this item is for consideration of a waiver to LDR Section 4.4.13(F)(1)(c~, which requires a minimum floor area height of ten feet for ground floor areas and nine feet for all other floors within the CBD (Central Business District). On February 24, 2010, the Site Plan Review and Appearance Board {SPR:AB) approved a Class IV site plan application for the Atlantic Gcean Club development. The development proposal includes conversion of the 1,563 square foot second floor apartment and 1,249 square foot second floor restaurant to office space, construction of 924 square feet of mezzanine floor area on the ground floor, construction of 891 square feet of additional restaurant area on the third floor, and installation of a new awning over the existing can washldumpster enclosure and along the north side of the building. Mr. Dorling stated positive findings to the waivers are made to LDR Section 2.4.7(B)(5) in the staff report. Staff recommends approval of the waiver. Jose Aquila, Architect with Currie Sowards A~:uiia Architectst stated the areas where the mezzanines occur are above booths, and/or restrooms or kitchen. Mr. Aguila stated once you came in the door and pass the threshold you will see the fu11 14 foot ceiling, This is not anything contrary to what the intent of the Code was which was really to make sure that ground floors had sufficient height so that visually they could have open ta11 retail spaces to the Avenue none of which is being impacted by this limited area of mezzanine. Mr. Aguila stated they concur with staff s recommendation and 5 03/16/10 SP12AB's reconunendation for approval. Mayor McDuffie stated if anyone from. the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Eliopoulos stated he concurs with the applicant and he feels the intent of the Code was also the exterior perception that we have some taller storefronts. Mr. Eliopoulos asked how wide the mezzanine is. Mr. Aguila stated it varies from ~-$ feet. Mr. Eliopoulos stated he supports this although he has always looked at it as being one that is too tight. In addition, Mr. Eliopoulos stated he agrees with the ground floor but expressed concern over the height upstairs. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus {attached hereto is a copy and made an official part of the minutes}. Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr, Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs, ~xray -Yes. Said motion passed with a S to 0 vote. 9.B. CONDICTIONAL USE REQUEST/CHASE BANK: Consider approval of a conditional use pursuant to Land Development Regulations (LDR} Section 2.4.5(E), "Establishment of a Conditional Use", to allow a 4,214 square feet bank building with drive-thru facilities for Chase Bank located at the N.W. corner of N.E. 6th Avenue and N.E. "7th Street. {Quasi-.ludiciul Hearing) Lanelda D. Gaskins, Deputy City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex pane communications. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-OS 1 into the record, Mr. Dorling stated this is a conditional use request to establish a 4,214 square foot bank building (Chase Bank} u~.th drive-thru facilities on a vacant tract at the N.W. corner of N.E. 6~' Avenue and N.E. 7~' Street. The site is a vacant tract part of a larger site recently developed with CVS Pharmacy (north part of this site}. 6 03116/10 On January 14, 2010, the Community Redevelopment Agency {CRA) considered this request and reconunended approval; at its meeting of March 1 S, 2010, the Planning and Zoning Board considered this request and recommended approval. Mr. Dorling stated staff also recommends approval subject to them coming back and finalizing their site plan through the Site Plan Review and Appearance Board. Mark Rickards, Bahler En~ineerin~, LLC, speaking on behalf of the applicant as well as the property owner, briefly reviewed the site plan and stated originally the first thing that came up was with the drive-thru location on the driver's side needing to address the teller window. He stated the eastern portion of the site works better and the CVS Pharmacy addresses the western side of the site. Mr. Rickards stated the Office Depot which was the partner to the CVS originally two years ago was a much larger building over 11,000 square feet. Mr. Rickards stated Chase Bank is just over 4,000 square feet and they do not meet the maximum setback an the west side. He stated they have a safe sight visibility triangle that is required to be provided at all major intersections {40 feet x 40 feet and with northbound traffic coming from this direction they do not need to provide the safe sight visibility triangle window looking left. He stated implementing an extra pedestrian feature on the southeast comer of the bank building and the 40 foot sight visibility triangle also conflicts with that pedestrian element. Mr. Rickards urged the Commission to approve the conditional use request. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Dorling stated for clarification this is really a conditional use and whether adrive-thru bank is appropriate. He stated the waivers have to go before SPR.AB and will come to the Commission at a later date. Mr. Dorling stated those waivers would be considered and if SPR.AB decides to tweak that site plan thane waivers may change. 11rIr. Dorling reiterated that it is not appropriate to look at those waivers and that is why they are not before the Corrnnission now, however they will be coming forward after they finalize their SPR:AB action, There was no cross-examination ar rebuttal. Mr. Rickards stated the Planning and Zoning Board actually did vote an the waivers last night. He stated he wanted to wrap these up together far the sake of time. Mayor McDuffie stated the Commission has no documentation regarding that. Mr. Eliopoulas stated he likes the architecture and feels this is a sharp looking building. In his opinion, Mr. Eliopoulas stated the pedestrian gazebo does not need to be sa big because it seems to be masking the building. Mr. Eliopoulos suggested dropping it a little bit and make it almost the same height as the drive-thru. He suggested that rather than Mr. Rickards going with these decorative brackets to go with the molding that he has actually put around the building. Mr. Eliopoulos stated he supports this 7 03116110 praj ect. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to approve the Board Order subject to the four (~) conditions of approval listed on page 3, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos - ~'es; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor Mcl7uffie -Yes. Said motion passed with a S to 0 vote. 9.C. APPEALIlEIISTORIC PRESERVATION BOARD ACTION114 SOUTH SWINTON AVENUE: Consider an appeal of the Historic Preservation Board's decision regarding a Certificate of Appropriateness associated with the installation of afree-standing sign on a contributing property located at 14 South Swinton Avenue, (`Quas%Judicial Hearing) Mr. Eliopoulos stated he received emails that this business has relocated to the corner of Linton Boulevard and Military Trail. Mr. Eliopoulos moved to postpone to the next regular meeting of April 6, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows; Mr, Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a S to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 1tl. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 04-lOJCONTRACT FOR SALE AND PURCI[ASEIANGEL ACQUISITIONS, LLC.121b S.E. 1ST AVENUE. Consider approval of Resolution No. 09-10 authorizing the City to purchase a foreclosed real property located at ~ 16 S.E. 1st Avenue, to be utilized for affordable hauling purposes; and approve a Contract for Sale and Purchase between the City and Angel Acquisitions, LLC,, in the amount of $199,000.00. (STAFF HAS REQrTESTED THIS ITEM BE REMOI%~D AS THE PRQPERTYIS NO LQN~ER AT~A~LABLE). Mrs, Gray maned to remove Resolution No. 09-10, seconded by Mr. Eliopoulos, Upan roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. 8 03116110 14.B. RESOLUTION NO. 10-10lCONTRACT FOR SALE AND PURCHASE/STELLAR HOMES OPPORTXTIVIA, LLC./2187 DORSON WAY: Consider approval of Resolution No. 10-10 authorizing the City to purchase a foreclosed real property located at 21$7 Dorson Way, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and the Stellar Homes Oppartunia, LLC., in the amount of $139,000.00. {STAFF fL4S REQUESTED THrS ITEMBE REMOVED AS THE FROPERTYI'S NO LONGER AYA~LABLE). Mr. Eliopoulos maned to remove Resolution No. 10-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliapaulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 10.C. F~ESOLUTION NO. 11-10/CONTRACT FOR SALE AND PURCIIASEt'WELLS FARGO FINANCIAL SYSTEM FLORIDA/374Q LANCEWOOD PLACE. Consider approval of Resolution No. 11-10 authorizing the City to purchase a foreclosed property located at 3740 Lancewood Place, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and We11s Fargo Financial System Florida in the amount of $135,000.00, The caption of Resolution No. 11-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREII~T, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM WELLS FARGO FINANCIAL SYSTEM FL, SELLER, A,ND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 11-10 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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. Lula Butler, Director of Community Improvement, stated this item is for the Commission to consider approval of Resolution 11-10 authorizing the City of Delray Beach to purchase a foreclosed property located at 3740 E. Lancewood Place. 9 03/16/10 Mr, Eliopoulos asked how staff approaches this. Mrs. Butler stated the property has to be in foreclosure or Real Estate Owned {REO) by the bank. Mrs. Butler stated one of the challenges is that the City is competing with investors going after the same properties. Mr. Eliopoulos asked if staff looks into how much money the City may need to rehab something. Mrs. Butler stated the City has already inspected the property and has made those decisions. In addition, Mrs. Butler stated the State has also agreed to allow the City to keep all the dollars that they earn through this program now. Mrs. Gray asked why Items 14,A, and 14.B, were removed. Mrs. Butler stated staff had to advertise for ten days and a couple of investors beat the City to it. Mrs. Butler stated staff is going to bring an item back to the Commission at the next regular meeting. Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. $th Avenue, Delray Beach, FL 33444, asked where 3744 E. Lancewood Place is located. The City Manager stated the properties are located in the Sabal Lakes subdivision. Ms. Moody stated if the City had no money during the budget process where is the money coming from for them to purchase this property at $135,444.44. Mayor McDuffie stated this is grant money {State and Federal). There being no one else from the public who wished to address the Commission regarding Resolution No. 11-14, the public hearing was closed, Mr. Frankel moved to approve Resolution No. 11-14, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 4 vote. 10.D. RESOLUTION NO. 12-10/CONTRACT FOR SALE AND PURCHASEiU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOP1VZlENT {HUD)11135 E. LANCEVVOOD PLACE: Consider approval of Resolution No. 12-14 authorizing the City to purchase a foreclosed real property located at 113 5 E. Lancewoad Place, to be utilized for affordable housing purposes; and approve a Contract for Sale and Purchase between the City and HUD in the amount of $1'74,444.44. The caption of Resolution No. 12-14 is as follows: A RESOLUTION OF THE CITY C011rIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE 14 43/16/14 FROM THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, SELLER, AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 12-10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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. Lula Butler, Director of Community Improvement, stated this is before the Commission to allow the City of Delray Beach into a contract agreement for 1135 E. Lancewood Place and the purchase price is $170,000.00. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 12-10, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 12-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:11 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated Emmanuel Guerrier spoke at the last meeting as a resident of Chatelaine concerned about the HOA meetings and discussions regarding their efforts to raise funding for a landscape improvement maintenance. The City Manager stated Mrs. Butler met with Mr. Guerrier prior to the February 22, 2010 HOA meeting and expressed the fact that in his opinion the residents did not have confidence in the current Board members and shared information related to their unusual methods of harassing residents that have been ongoing. The City Manager stated Mrs. Butler explained the directions from the Commission and encouraged Mr. Guerrier to attend the February 22, 2010 HOA meeting and informed him that Community Improvement would be doing the mailing to ensure that all residents were properly noticed and that she would be in attendance as well. The City Manager stated Mr. Guerrier attended the Board meeting and was able to express his concerns about the validity of the Board and shared some of his personal experiences and disagreed with the fact that the HOA has organized a listing in the State of Florida. The City Manager stated at the February 22, 2010 meeting 32 residents were in attendance and their usual count is less than 6. He stated Jayne King carried out the meeting and explained the maintenance issues and the purpose of the annual dues very well. The City Manager stated the opportunity for resident 11 03/16/10 questions was excellent and she encouraged resident involvement in the HC}A. The City Manager stated in IVlrs. Butler's opinion the confusing issue with the neighborhood is related to the fact that one of the Board members continues to promote the neighborhood as a deed restricted community. He stated Mr. Guerrier decided after the meeting to conduct adoor-ta-door campaign against the established HC}A referring to his status of deed restricted. Most residents signing his petition do not want an HC}A but has the power to impose fees and other requirements on them. The City Manager stated Mr. Guerrier has agreed to meet with Mrs. Butler further about this issue and she will be meeting with the Board to share his concerns. 11.8. From the Public. 11.8.1. Susan Berkowitz-Schwartz, 583 Brittany M, Delray Beach, FL 33446, thac~ked the Conunission for the A11 People's Day Proclamation and stated it is her dream to have All People's Day became a holiday all over the country. Ms. Berkowitz- Schwartz invited the Commission to came out to the event on Sunday, March 21, 2010 from 12:00-5:00 p.m. and stated forty different booths will be on display. 11.8.2. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of Tierra Verde, the Delray Beach Vice-Chair of the Police Advisory Board), stated with the Menorah aver 20,000 people were slighted, tens and thousands of dollars are being spent in regular and overtime by the Finance Department to try and correct the problem with Waste Management, the Police Union is at impasse and in his opinion because of a lack of good faith on part of the City. Dr. Kirson stated he has heard nothing about any action being taken against C?fficer Jeroloman and noted if you connect these dots it all leads to the City Manager. He stated things go wrong and no steps are taken. Dr. Kirson stated Commissioner Gray ran unopposed and in his opinion Commissioner Fetzer basically ran unopposed. He stated from what he is hearing at this paint Commissioner Elropaulas, Mayor McDuffie, and Commissioner Frankel will be sunning unopposed next year. Dr. Kirsan stated something is wrong in Delray Beach because the interest is not there anymore. Mayor McDuff e stated the response to Officer Jeroloman's letter by the City Manager is complete and they are waiting for the Finance Director's response and then the entire response will be complete. 11.8.3. Pauline Moody, 609 S.W. 8t~' Avenue, Deiray Beach, FL 33444, congratulated Commissioner Fetzer for winning the election. Secondly, Ms. Moody stated at the end of S.W. 8~' Avenue there is an area (Auburn Trace/Carver Estates) where it was a dump site and the City cleaned it up and houses were supposed to be built three years ago. She stated the road was expanded and the City built a park on the other side but no homes were ever built. Ms. Moody asked what the status is regarding this land. 12 03!16!10 At this point, the time being 7:22 p.m., the Commission moved back to Item 9.L1. of the Regular Agenda. 9.D. SUNGARDIQNESULUTItJN SOFTWA.I2E SYSTEM: Consider an offer from SunGard far acquisition of their ONESolution software system for finance and other administrative applications. Doug Smith, Assistant City Manager, stated this item is before the Commission for consideration of an offer we received from SunGard far acquisition of their ONESolution software system for finance and other administrative applications. Iv1r. Smith stated the areas that this would cover are finance, payroll, human resources, utilities, public works, planning and zoning, and community improvement functions. Mr. Smith stated the cost without hardware is $450,000.00 which included a discount of $559,727,40. Staff expressed concern that the system right now is not fully developed and while SunGard has indicated while several of the modules are ready to be installed there are others that would not even be ready for testing phases until the next couple of years. Mr. Smith stated the City has looked at a competing system that staff really liked. He stated this was acquired by another agency in South Florida and they also obtained special pricing from this particular agency that likely would not be available to others but their software was purchased in the $700,000.00 range for an already developed system except for Public Works. Mr. Smith stated staff has not gone through the Request for Proposal (RFP} process and can compare it to those demos and make sure that what we are getting is the best fit for us. Staff recommends issuing an RFP after we have gotten to a point where our public safety project is underway and then allowing SunGard to respond at that time if they desire to do so. Mr. Smith stated based on staff's research, they feel it is in the best interest of the City to decline the offer from SunGard at this time. Mayor McDuffie stated he met with Mr. Smith and Guy Buzzelli, Chief Information C?fficer/IT, and reviewed the proposal from SunGard. Mayor McDuffie stated he reviewed their software development times and module availability it appears right now that. in many of the pieces of software that the City would really need here in the City to do what we want to do is that SunGard is still in the early design stages. I-Ie stated they are projecting this to be ready in 2012 but he does not foresee that happening and feels it could be as far out as 2014/2015 because it is that far from completion. Mayor McDuffie stated it is appropriate to go back to the market and look for someone who has the product done, installed, and has sites that the City can ga visit and see in operation. . Mr. Eliopoulas moved to approve staff s recommendation, seconded by Mr, Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; 1Utr. Frankel -Yes; Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes, Said motion passed with a 5 to 0 vote. 13 0311 ~/10 9.E. MUNICIPAL ELECTI{JN RESULTS: Canvass the returns, and declare the results of the March 9, 2010 First Nonpartisan Election. (ADDENDUM) For the record, the City Attorney stated for Commission Seat #2, Fred B. Fetzer received 2,01'7 votes; Darin Wade Mellinger received 672 votes; and for Seat #4 Commissioner Gray was unopposed and she is deemed to have voted for herself and therefore is elected to Seat #4. Mr. Eliopoulos moved to approve the official cumulative totals for each candidate in accordance with the recommendation as listed in the memorandum, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -- Yes; I~lr, Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney, and City Commission, 13. CQMl~IENTS AND INQUIRIES UNNUN-AGENDA ITEMS. 13.A, City Manager The City Manager stated the Water Management District has not only imposed year-round restrictions but they have lifted the emergency order that they had so the surcharge goes away, He stated as of Monday, there will no longer be a surcharge on water use exceeding 15,000 gallons. Secondly, the City Manager stated he went to the Delray Camera Shap to purchase something and the owner complimented the City on things that are being done in Pineapple Grove and said in the 20 years he has been in business in that location, this is the best year he has ever had. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr, Fetzer stated the St. Patrick's Day Parade was great. l4 03/16/10 Secondly, he stated at the last Commission meeting the Commission discussed an email that Commissioner Eliopoulos sent the City Manager and the Commission briefly discussed the email and the response. Mr. Fetzer stated he sincerely wants the Financial Review Board (FRB) to do what the Commission charged them with and come back with an objective look to this whole issue. He does not think what was brought up from Commissioner Eliopoulos and the response was thoroughly vetted. Mr. Fetzer stated he would like to see that addressed if not by the Financial Review Boazd then he would like the Commission to revisit those sets of emails and questions that came up. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated a couple of months ago she asked for some more reports from the Community Redevelopment Agency (CRA) and inquired about the status of these reports. The City Manager stated the City has been receiving monthly reports (Project Progress Reports) from Diane Colonna and he has forwarded these to the Commission. Secondly, Mrs. Gray suggested that the Commission revisit the Goal Setting Sessions although this has been taken out of the budget. Mrs. Gray stated the Commission has all types of groups and people requesting financial assistance for projects, etc. and the Commission needs to have direction on where we aze going. The City Manager stated he was going to bring that up at the Organizational Meeting and stated the City still has the date reserved with Lyle Sumek and the Commission can do a lesser version. He stated the top priority things have been accomplished so there would be some benefit of identifying what is next on our top priority list. Lastly, Mrs. Gray stated she enjoyed the St. Patrick's Day Pazade. 13.C.4. Mr. Frankel Mr. Frankel stated the St. Patrick's Day Pazade was amazing acid well attended with the exception of the transportation for the Commission. He stated for such a widely attended event he feels it is important for the Commission to be visible. Secondly, Mr. Frankel stated a couple of weeks ago Commissioner Gray brought up the issue regarding the required number of signatures Commissioners aze required to obtain to qualify for the election and inquired about the status of this. The City Manager stated staff will be placing this on the April Workshop meeting agenda. 15 03/16/10 1.3.0.5. Manor McDuffie Mayor McDuffie suggested that the City take at look at same of the details of St. Patrick's Day and revisit at a later time, He stated the Commission did not have automobiles and they were very high up on a float which gave them a perspective they did not have before because he has always been down at the automobile level. Mayor McDuffie stated looking down the intersections in both directions, people were a block ar more down on each one of the intersections once they got west of the Intracoastal. He stated he was approached by a business owner during the parade who said business was wonderful. Mayor McDuffie stated the attendance was incredible. Secondly, Mayor McDuffie stated he and his wife were invited to exchange gifts at the Marriott and gave the Lord Mayor of Dublin a key to the city and a pap-up book of Delray Beach. He stated she in turn gave Mayor McDuffie and his wife a miniature of her sword. Mayor McDuffie stated they had dinner at Old Calypso and were invited to Ireland. Lastly, Mayor McDuffie read into the record a letter from the Florida City and County Management Association (FCCMA) addressed to the City Manager who has been selected to receive the prestigious Career Excellence Award from FCCMA for 2010 on Friday, May 14, 2010 in Orlando. There being no fitrther business, Mayor McDuffie declared the meeting adjourned at 7:41 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 March 16, 2010, which Minutes were formally approved and adopted by the City Commission on Apri16, 2010. 16 03/16/10 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they axe 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. 17 03l1 ~l10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY GOMMISSION OF THE CITY OF DELRAY BEACH FLORIDA WAIVER REQUEST FOR CLASS IV SITE PLAN MODIFICATION FOR A'I'LANTIG OCEAN CLUB {FKA BOB'S FAMOUS BARt 1. This waiver request carne before the City Commission on March 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Atlantic Ocean Club {fka Bob's Famous Bar), located at the Northwest corner of East Atlantic Avenue and Railroad Avenue {217 ~ 219 East Atlantic Avenue). All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, WAIVER TO MINIMUM FLOOR HEIGHT: Per LDR Section 4.4.13(F)(1)(c), a minimum floor height of 10 feet is required for ground floats and 9 feet far all other floors. Due to the introduction of the mezzanines, the minimum ground floor height of 10 feet is not achieved and a reduction to seven feet two inches {T2"} is requested. Pursuant to LDR Section 2.4.7{B){~), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a} Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, {d) Does not result im the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver #o Section 4,4,13{F}{1}{c} #o allow a reduction In the minimum ground floor height from ten feet {10'} #o seven feet two inches {7'2"} and nine feet {9'} for all other floors meet all the requiremen#s of 2.4.7{B}{5}? Yes / No City Commision Meetingr an March 16, 2t11t?; Item 9.A. r 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and..adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ~ denies the waiver request to LDR Section 4.4.13{F}{1 ~{c~. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of March, 2010, by a vote of 5 in favor and 0 opposed. ATTEST: Nelson S. McDuffie, M Chevelle Nubin, City Clerk 2 City Commision Meeting on March 9S, 2070; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACN, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF A FINANCIAL INSTITUTION (CHASE BANK) WITH DRIVE-THRU FACILITY WITHIN THE CBD (CENTRAL BUSINESS DISTRICT) TO BE LOCATED AT THE NORTHWEST CORNER OF NE 6TH AVENUE AND NE TTH STREET 1. This conditional use request has came before the City Commission on March 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Chase Bank. All of the evidence is a part of the retard in this case. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Comerehensive Plan -Future Land Use and Mae: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physir.,al considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes ~ No b. Concurrence: Concun'ency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andtor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respec# #o water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes /~ No City Commission Meeting on March 16, 2Q~t?; lfem 9.B. II. LDR REQUIREMENTS; Pursuant to LDR Section 4.4.13{D}~4}, the use proposed falls within the category of Financial Institutions, e.g. banks and similar institutions, and thus, requires conditional use approval. A. LDR Section 2.4.5E Re aired Findin s: Conditional Use : Pursuant to Section 2.4.5{E}{5}, in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5{E}(5} be met subject to the attached condition? Yes /~ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. ` 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time floe conditional use request was submitted. 5. 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. 6, Based on the entire record before it, the City Commission approves ~ denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adapts this Order this lfith day of March 2010, by a vote of 5 in favor and 0 opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. M Cityommission Meeting on March 76, 2Q70; Item 9.,8. CONDITION OF APPROVAL FOR THE ESTABLISHMENT OF A FINANCIAL INSTITUTION {CHASE BANK} WITH DRIVE i'HRU FACILITY WITHIN THE CBD {CENTRAL BUSINESS DISTRICT} TO BE LOCATED AT THE NORTHWEST CORNER OF NE f~TM AVENUE AND NE 7T" STREET 1. Approval of a site plan by the Site Plan Review and Appearance Board {SPRAB} that is in general conformance with 'the conditional use sketch plan request and addresses the conditions of approval attached in the staff report; 2. That the applicant needs to depict the correct height of the architectural elevations and depict the finished grade level established from the mean elevation of the crown of the adjoining streets and then measure the height of the building including this finished grade. Pursuant to I_DR Section 4.3.4{J}{2}{b}, for buildings adjoining more than one street, the grade is established as the average of the mean elevation of the crown of the adjoining streets; 3. That the applicant needs to provide a dumpster enclosure detail which indicates dimensions, screening, and materials proposed, and vision obscuring gates to be provided. Recyclable bins need to be depicted; and 4. That the applicant, in coordination with the City Engineer, shall contribute to the Federal Highway Beautification Program prior to issuance of a building permit. This contribution is evaluated to be $93 per lineal feet. This project has 356 lineal feet for a required contribution of $33,188 dollars. City~omm~ssion Meeting on March 18, 2t?9U; item 9.8.