04-06-10 Regular Meeting MinutesAPRIL 6, 20I0
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, Apri16, 2010.
1. Roll call showed:
Present - Commissionex Gary P. Eliopoulos
Commissioner Fred B. Fetzer
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuff e
Absent - None
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
2. The opening prayer was delivered by Mayor McDuffie.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4, AGENDA APPROVAL.
Mr. Frankel requested that Item 8.L., Acceptance of DonationlAndre
Fladell, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.
Mr. Eliopoulos requested that Item S.A., Hold Harmless
A~reemen.tlLeonard J. Rodrisuez, of the Consent Agenda be moved to the Regular
Agenda as Item 9.A.A.A., Item S.B., Service Authorization No. 07-14IMathews
Consulting, Inc./Man~rove Park Boat Ranap, be moved to the Regular Agenda as Item
9.A.A.A.A Item 8.C., Se
rvice Authorization No. 07-1S/Mathews Consultin
Inc./S.W. 12t" Avenue/Auburn Avenue/S.W. 14t Avenue, be moved to the Regular
Agenda as Item 9.A.A.A.A.A., and Item B.E., Consulting Service Authorization with
M Technical,,.
Services, Inc./Wort.,,, Y._ ~ nda as
„ ,h,'n Park be moved to the Regular Age
Item 9.A.A.A.A.A.A.
Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr.
Eliopoulos. Upon roil call the Commission voted as follows: Mr. Fetzer -Yes; Mr.
Frankel -Yes; Mrs. Crray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said
motion passed with a 5 to 0 vote.
04/06/10
5. APPROVAL OF MINUTES:
Mrs. Gray moved to approve the Minutes of the Special/Workshop
Meeting of March 11, 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 S to 0 vote.
Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of
March 16, 2010, seconded by Mrs. Gray. 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 S to 0 vote.
Mr. Frankel moved to approve the Annual Organizational Meeting of
March 2S, 2010, 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 S to 0 vote.
6. PROCLAMATIONS:
6.A. National Public Safe Telecommunicators Week - A ril 11-17 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
April 11-17, 2010 as National Public Safety Telecommunicators Week in the City of
Delray Beach. Joe Milenkovic and Chief James came forward to accept the proclamation
and gave a few brief comments.
6.B. Arbor Day/Earth Day - Apri124, 2010
Mayor McDuffie read and presented a proclamation hereby proclaiming
Saturday, April 24, 2010 as Arbor Day/Earth Day in the City of Delray Beach. Linda
Karch, Director of Parks and Recreation and Lula Butler, Director of Community
Improvement, came forward and gave a few brief comments.
7. PRESENTATIONS:
7.A. 215 Annual DelairelDeIra Citizens far Delra Police Chari Golf
Tournament Presentation #o Police and Fire-Rescue -Per DonFrancisco
Ral h Philli s Assis#an# Palice ChieflSu ar# stated Delaire Country
Club has hosted a golf tournament every year for the last 21 years to raise money for
Police, Fire and Delray Citizens for Delray Police. He stated that money is used to
purchase equipment fox both the Police Department and the Fixe-Rescue Department and
to fund scholarships from Delray Citizens for Delray Police. Chief Phillips introduced
Gary and Marsha Rose and Judy and Mel Katz from Delaire (speaking for Perry
DonFrancisco who could not be present) who presented a check to the fire-Rescue
Department in the amount of $13,950.00 and a check to the Police Department in the
2
04/06/1 D
amount of $13,950.00.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
B.B. SERVICE AUTHORIZATION NO. 47-14/MATHEW5
CONSULTING INC.IMANGROVE PARK BOAT RAMP: Approve Service
Authorization No. 07-14 to Mathews Consulting, Inc. in the amount of $36,414.30 for
performance of engineering design, construction document preparation, permit
acquisition and bidding/negotiation services for the reconstruction of the boat xamps at
Mangrove Park. Funding is available from 334-4174-572-63.90 (Genexal Construction
Fund: Improvements Other/Other Improvements}.
8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
B.D. CONSULTING SERVICE AUTHORIZATION/KIMLEY-HORN
AND ASSOCIATES, INC.: Approve a Consulting Service Authorization with Kimley-
Horn and Associates, Inc. in the amount of $23,900.00 for soil vapor monitoring of
landfill gases at the Robert P. Miller Park athletic facilities. Funding is available from
334-4173-572-63.90 (General Construction Fund: Improvements Other/Other
Improvements}.
B.E. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS
ITEM 9,A,A.A.A.A.A.
B.F. RESOLUTION NO. 15-10: Approve Resolution No. 15-10 amending
Resolution No. 24-09 which created the Green Task Force in ardex to change the name to
Delray Beach Green Implementation Advancement Board.
The caption of Resolution Na. 15-10 is as follows:
office.)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
RESOLUTION 24-09 WHICH CREATED THE GREEN
TASK FORCE IN ORDER TO CHANGE THE NAME TO
THE DELRAY BEACH GREEM IMPLEMENTATION
ADVANCEMENT BOARD; PROVIDING AN
EFFECTIVE DATE.
(The off vial copy of Resolution No. 15-10 is on f le in the City Clerk's
04/06/10
8.G. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING
REHABILITATION GRANT/CONTRACT AWARDS: Approve one (1) Housing
Rehabilitation grant award to the lowest responsive bidder for the project located at 1502
S.W. 3rd Court to CJ Contracting, LLC., in the amount of $33,412.55; and a revised
award amount of $40,315.90 to Haywood Construction and waiver to exceed the
maximum $40,000.00 grant award for 22$ S.W. 1st Avenue for housing rehabilitation
under the Disaster Recovery Initiative {DRI) Program. Funding is available from 118-
1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation).
S.H. HOUSING REHABILITATION GRANTBID AWARD: Approve
one (1) Housing Rehabilitation Grant bid award through the Community Development
Division in the amount of $29,427.2$ to Citywide Construction Services, Inc. {110 S.W.
7th Avenue). Funding is available from 118-1963-SS4-49.19 (Neighborhood Services:
Other Current Charges/Housing Rehabilitation).
B.I. INDEPENDENT CONTRACTOR AGREEMENT: HOWARD
SCOTT LUNSFORD: Approve an Independent Contractor Agreement between the
City and Howard Scott Lunsford to conduct background investigations for prospective
candidates for police officer and non-sworn. police employment. Funding is available
from 001-2111-521-31.90 {General Fund: Law Enforcernent/Professional Services/Other
Professional Services).
8_J. FUNDING RE UEST/FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT): Authorize staff to request funding from the Florida
Department of Transportation {FDOT) in the amount of $34,04L00 to continue
the implementation of a D.U.I. Enforcement program.
8.K. AGREEMENTIHEALTH CAREER INSTITUTE CI : Approve an
agreement with Health Career Institute {HCI) for the City to provide a clinical training
site for EMT and paramedic students.
8.L. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8.M. GOOGLE FIBER FOR COMMUNITIES: Approve authorization
for the Ciry's submission of an application far the Google Fiber for Communities project.
S.N. SPECIAL EVENT RE UEST/13th ANNUAL DOWNTOWN
DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 13th
Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be
held May 29 - 30, 2010 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per
LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue
north to the south entrance of Atlantic Grove and the Tennis Center parking lot and to
provide staff support for traffic control and security, barricading and f re inspection
services.
4
04/06/10
S.O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards
for the period March 15, 2010 through Apri12, 2010.
8.P. AWARD OF BIDS AND CONTRACTS:
I. Bid award to Berg Demolition, Inc. in the amount of $28,235.00
for the demolition of five (S) structures. Funding is available from
118-1965-554-34.35 (Neighborhood Services: Other Contractual
Service/Unsafe Bldgs/Structures).
2. Approval of emergency contract award to EIMCO Water
Technologies in the amount of $28,980.00 for removing and
rebuilding the worm drive unit assembly on Clarifier #4 at the
Water Treatment Plant {WTP). Funding is available from 441-
5122-536-34.90 (Water and Sewer Fund/Other Contractual
Services).
3. Purchase award to Bartow Chevrolet in the amount of $18,108.00
for replacement of one (1} 2010 Chevrolet Express 2500 Cargo
Van with options and extended warranty. Funding is available
from S O 1-3 312-591-64.20 (Garage Fund:
MachinerylEquipment/Automotive}.
4. Purchase award to CDW-Government, Inc. in the arx~ount of
$63,690.69 for ten (10} Panasonic digital in-car visual recording
systems. Funding is available from 334-2111-521-64.90 (General
Construction Fund: Machinery/Equipment/Other
Machinery/Equipment} and 001-2115-521-64.20 (General Fund:
Machinery/Equipment/Automotive) ,
Mr. Eliopoulos moved to approve the Consent Agenda as amended,
seconded by Mr. Fetzer. Upon roll call the Commissian voted as follows: Mr.
Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor
McDuffie -Yes. Said motion passed with a S to 0 vote.
9. REGULAR AGENDA:
9.A.A. ACCEPTANCE OF DONATION/ANDRE FLADELL: Authorize
approval to accept a donation from Dr. Andre Fladell for the purchase of a Menorah.
Commission Frankel stated he pulled this off the Consent Agenda because
he wanted to thank Mayor McDuffie, the rest of the Commission, and staff for the
support regarding the Menorah last year. Mr. Frankel stated he is pleased to announce
that there has been a donation of over $2,000.00 by Dr. Fladell to purchase and donate to
the City a permanent 9 foot Menorah and read into the record a few words from Dr.
S
04/06/10
Fladell since he could not be in attendance this evening.
Mr. Frankel moved to approve Item 9.A.A. {formerly Item $.L.},
seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr.
Fetzer ~- Yes; Mr. Frankel -Yes; Mxs. Gray -Yes; Mayor McDuffie -Yes; Mr.
Eliopoulos -Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. HOLD HA1tM_r,ESS AGREEMENT/LEONARDO J. RODRIGUEZ:
Approve a Hold Harmless Agreement with Leonardo J. Rodriguez for installation of
patio in the City's right-of way fox the property located at 14897 Whatley Road.
Mr. Eliopoulos stated he pulled this item for more information.
Richard Hasko, Director of Environmental Services, stated this item is a
request far approval of the Hold Harmless Agreement for Mr. Rodriguez who lives at
14$97 Whatley Raad and installed a patio that encroached in what is now a City right-of-
way without a permit. Mr. Hasko stated Mr. Rodriguez was cited and he subsequently
came in for the permit and the permit is being held in abeyance pending this hold
harmless agreement.
Mr. Eliopoulos briefly discussed the permitting and stated he cannot
support this. Mr, Hasko stated if this does not get approved this evening then Mr.
Rodriguez's alternative is to remove it.
The City Manager stated Mr. Eliopoulos is correct that normally there
would be a setback so if the Commission would like to allow Mr. Rodriguez to have it up
to the right-of way line, then this should be incorporated into the motion.
Mr. Eliopoulos stated within this Hold Harmless Agreement we would
allow this patio to actually encroach right up to the property line but not go beyond it.
Therefore, Mr. Eliopoulos stated he could support this with that modification,
Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.L.)
Hold Harmless Agreement, seconded by Mr. Fetzer. Upon roll call the Commission
voted as follows: Mr. Frankel -Yes; Mrs, Gray -Yes; Mayor McDuffie - No; Mr.
Eliopoulos - No; Mr. Fetzer - No. Said motion to approve was DENIED with a 3 to 2
vote, Commission Frankel and Commissioner Gray dissenting.
9.A.A.A.A. SERVICE AUTHORIZATION NO. 07-14/MATHEWS
CONSULTING INC.IMANGROVE PARK BOAT RAMP: Approve Service
Authorization Na. 07-14 to Mathews Consulting, Inc. in the amount of $36,414.30 for
performance of engineering design, construction document preparation, permit
acquisition and bidding/negotiation services for the reconstruction of the boat ramps at
Mangrove Park. Funding is available from 334-4174-572-63.90 (General Construction
Fund: Improvements Other/Other Improvements}.
6
04/06/10
Mr. Eliopoulos expressed concexn with regards to the fee and stated we
need to go forward with this in order to actually proceed with some grants that we would
like to seek. Richard Hasko, Director of Environmental Services, stated staff made a
formal submittal to Florida Inland Navigation District for that 50% grant ($$7,500.00)
and in that application staff had to provide a time element for the project for design,
construction, permitting, etc. He stated to meet the requirements of that grant the permits
for the work must be acquired by mid-September. Mr. Hasko stated in order to meet
those deadlines we need to get started on the engineering design. He stated staff does not
anticipate that the design work itself is going to take a great deal of time in terms of what
needs to be done. Mr. Hasko stated he does not believe the permitting should take more
than a couple of months because the permits that were in place far the construction are
still valid.
Mr. Eliopoulos stated they understand the direction of the design because
of the previous consultants. He stated he is glad to see that this is going to be done in-
house. Mr. Hasko stated staff will probably need some level of consultancy aid but is not
sure how much at this point. Mr. Eliopoulos stated because of the grant funding and
timing, we are going with a consultant that we have on a continuing contract as opposed
to putting this out to bid. Mr. Hasko stated Mathews was the civil sub- consultant on the
original project so they are familiar with the site and the design. He stated staff had a lot
of conversations with Currie Sowards Aguila Architects on this issue and decided it did
not make economical sense to keep them involved because they were going to function as
project coordinators. Therefore, Mr. Hasko stated staff felt they did not need their
involvement at this point for the additional cost that it would involve. Mr. Eliopoulos
stated he understands that technically staff feels they have met the Code and this boat
ramp can be used but it is extremely steep and difficult for people. Mr. Eliopoulos
expressed concern that the permits are already in place and this one is brand new and we
need to fix it. Mr. Hasko stated a representative from the Florida Fish and Wildlife
Conservation Commission (FWC) who builds and maintains boat ramps for them came
out and looked at this boat ramp about a month ago. Mr. Hasko stated more than any
issues of errors or oversights that were made by the City or the consultants in the original
design of construction of this, he thinks it is more that there was a lack of consideration
on staffs part for the steepness of the slope that local and regional people and
recreational weekend boaters were accustomed to using. Mr. Eliopoulos commented
about Phase II and some of the actual access to the lower construction of the ramp (day
dock) and that this will not comply to ADA (Americans with Disabilities Act). Mr.
Hasko stated the day dock is constructed flush with the top of the seawall to the east of
the ramps. He stated at low tide the water is at least eight feet below the dock and to the
point where the ladders are completely out of the water.; high tide is about 3-3 '/z feet
above that. Mr. Hasko stated the way it is now, it makes it difficult for anyone whether
they are launching or retrieving to tie their boat up to that day dock particularly at Lower
tides and do what they need to do because of the differential between the water
elevations. Mr. Hasko stated staff was looking to lower that day dock (five feet wide)
down to get rid of that vertical difference to two feet to make it a viable condition for the
boaters. Mr. Hasko stated he does not believe there is an opportunity to put ramps in so
staff was thinking of putting some guardrails along the seawall where they are going to
7
04/06/10
lower the dock; however, if they would try to put ramps in there, it would almost defeat
the purpose because of the slope that would be required for ADA.
Mrs. Gray stated this is a wonderful park and we have spent a lot of
dollars on the park and we need to fix this.
Mr. Frankel stated we are looking at $36,414.30 on a situation that
someone messed up. He stated he cannot support this.
Mr. Eliopaulos stated as the City makes this mare usable, he cannot
imagine that we won't have issues because it is so tight for boaters getting in and out of
there. He expressed concern over how successful this park might become after the fix.
Mr. Fetzex stated we obtained grants from the County and from Florida
Inland Navigation District (FIND) at a very high cost and basically built a park that is not
being used. Mr. Fetzer stated whether or not there are steeper ramps than this in others
parts of the state he has never seen them. Mr. Fetzer stated as a city, county, and FIND,
we have made a major investment in this and we need to follow through and fix it.
Therefore, Mr, Fetzer stated he supports this.
Mayor McDuffie stated he is not concerned about the ramp if we get the
percent of the grade changed; however, he expressed concern over the large piece of
concrete that separates the two sides of the ramp. Mayor McDuffie stated it is like
backing into a concrete wall and if this comes out he feels there will be a lot more
acceptance because there will be more maneuvering area. He stated this is an enormous
barrier. He stated there are some ramps in Palm Beach County where there is a four l~aot
current blowing through, rocks and sewalls, and high traffic, waves, etc, that are far more
treacherous than this one is going to wind up being. Mayor McDuffie stated we have
made a commitment to our residents and great deal of money has already been spent to
do this. He stated he believes these modifications will make it usable for boats into the
25 foot range.
Mr. Fetzer moved to approve Item 9.A.A.A.A. (formerly Item 8.B.},
seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -
Yes; Mayor McDuffie -Yes; Mr, Eliopoulos - No; Mr. Fetzer -Yes; Mr. Frankel -~ No.
Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner
Frankel dissenting.
9.A.A.A.A.A. SERVICE AUTHORIZATION NO. 07-15/MATHEWS
CONSULTING INC./S.W. 12TH AVENUE/AUBURN AVENUE/S.W. 14TH
AVENUE: Approve Service Authorization No. 07-15 to Mathews Consulting, Inc. in
the amount of $116,617.00 for the design of S.W. 12th Avenue/Auburn Avenue/S.W.
14th Avenue improvements. Funding is available from 334-3162-541-68.04 (General
Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue).
8
04/06/10
Mr. Eliopoulos asked if staff did an RFQ on this item. The City Manager
stated the engineering f rms were selected through an RFQ process.
The City Manager stated we went out for an RFQ and we have a list of
engineering firms that we use to do this kind of work and they were selected through an
RFQ process.
Mr. Eliopoulos asked if there was something that the Auburn Group did.
The City Manager stated they did the prelixninaxy design but not the construction
drawings. Mr. Eliopoulos stated he knows they are qualif ed but he just wants to make
sure this is the best price. Mr. Hasko stated an RFQ process adds 2-3 months to the time
element of a project right up front. He stated most of the projects that staff does are fairly
uncomplicated straight forward civil projects with landscape elements or hadscape
elements that require sub-consultants, Mr. Hasko stated far those reasons and to try and
be as time effective as we can in our administration of the capital program in these civil
projects, staff develops a list through an RFQ process of a variety of consultants with
different types of specialties and staff monitors their performance. He stated if they are
non-performing they do not continue on the list.
Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. {formerly Item
S.C.), 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, Gray
-Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A.A.A.A. CDNSULTING SERVICE AUTHORIZATION WITH AECOM
TECHNICAL SERVICES INC./WORTHING PARK: Approve a Consulting
Service Authorization with AECOM Technical Services, Inc, in the amount of
$44,980.00 for the design of Worthing Park. Funding is available from 3344151-5'12-
68.19 (General Construction Fund: Other Improvement/Worthing Park Improvement).
Mr. Eliopoulos stated he wants to make sure that the Commission
understands what we are spending and building.
Richard Hasko, Director of Environmental Services, stated we have a
preliminary site plan and about 34% of the cost is sub-consulting fees with surveying and
primarily electricallmeehanical. Mr. Hasko stated he does not see us doing anything more
than what is shown on the site plan for this but he does because of its location see us
providing accommodations for special event use as we did in Old School Square Phase I
Park in terms of utility water service and some increased intensity of electrical service,
etc.
Mr. Eliopoulos asked how many stakeholders are involved in this. Mr.
Hasko stated the CRA is assisting and we have a contribution from the developer. Mr.
Eliopoulos expressed concern over the preliminary plan and the cost of $400,000.00.
9
04/06/10
Mr. Eliopaulos moved to approve Item 9.A.A.A.A.A.A. (formerly Item
S.E.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr.
Eliopoulas -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -- Yes; Mayor
McDuffie ~- Yes. Said rnotion passed with a 5 to 0 vote.
9.A. WAIVER REQUEST/THE OFFICE_ RESTAURANT: Consider a
waiver request to Land Development Regulations (LDR ~ ~ Sect
~~) .~~~.~.ion 4.4.13 (F)(4)
"Development Standards", to allow encroachment into the required 5' setback (0'
setback proposed) for buildings located in the CBD {Central Business District) along
Atlantic Avenue for The Offce Restaurant located at 201 and 203 East Atlantic Avenue.
(Quasi-Judicial Hearira~
Mayor McDuffie read the City of Delray Beach procedures for aQuasi-
Judicial Hearing for this hearing and all subsequent Quasi-Judicial Hearings.
CheveIle 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 spoke to Mr. Weiner, Chuck Halberg, Officer
VanNess, Officer Ferreri and Captain Mitchell. Mrs. Gray stated she spoke to Mr.
Weiner and clients at Starbucks. Mayor McDuffie stated he received a telephone call
from Mr. Weiner urging approval. Mr, Eliopoulos stated he received a telephone call
from Mr. Weiner to look at an email with photos and spoke to Chuck Halberg before
when this first came up. Mr. Fetzer stated he spoke to Michael Weiner who is in support
of the waiver and also spoke with Chuck Halberg who is not in support of the waiver.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010-084 into the record.
Mr. Dorling stated this is a waiver request to allow the encroachment into
the required five foot setback along Atlantic Avenue and zero feet is now proposed. He
stated the LDRs require the Commission to make positive findings with respect to LDR
Section 2.4.7(B)(5) if they grant this waiver. Mr. Dorling stated both {a} and {d) of LDR
Section 2.4.7(B){5) are not met in this case and that this will adversely affect the
neighboring area and would result in the grant of a special privilege. The applicant's
justification statement centers on arguments that the setbacks are to assure adequate
pedestrian circulation in the public right-of way; however, Mr. Dorling feels this
argument is misguided in that these setbacks are really established to mitigate the
buildings mass and bulk along those portions of the building which are adjoining the
street right-of--way. He stated they are also to create a visually attractive and harmonious
architectural design which will allow the final building to be functionally visually
attractive, consistent and compatible with the surrounding areas and to create a visually
attractive streetscape.
10
04/06/10
At its meeting of March 24, 2010, the Site Plan Review and Appearance
Board {SPRAB) reviewed the waiver request. After brief discussion, the Board
recommended denial of the waiver request with a vote of 4 to L Staff s recommendation
is to deny this waiver.
Michael Weiner Attorne with Michael Weiner & Associates P.A. 10
S.E. 15` Avenue, Delray Beach, FL 334_44, stated this feature is about six inches thick
and is hardly massive. Mr. Weiner stated it is a mirrored feature and is not pre-fabricated
and was built to specifications that both client and the architect required with respect to
this particular matter. He stated the structure was not on the site plan but it was part of
the building permits and was approved by the Building Department with respect to its
installation. He stated this is the old Louie Louie site and The Office is an improvement
on the street. Mr. Weiner stated this is apart-modern type structure evoking the 50's feel
and with respect to the doors it has both vertical and horizontal elements to it and the sign
comes down in a horizontal fashion. He displayed photos of the structure and stated you
have to look down the street in order to see it and explained it is not metal but it is
mirrored. Mr. Weiner stated it enhances the streetscape giving people a feel of what it is
with respect to the restaurant and what the restaurant adds to the street. He stated they
are asking for a waiver not a variance. Mr. Weiner stated the structure is not in the public
right-of--way but is property owned by them; however, they need an aesthetic type of
waiver that actually carries out the architectural design of the building. He briefly
reviewed LDR Section 2,4.7{B)(5) and there is no reason why it should be prohibited.
Mr. Weiner stated LDR Section 4.6.18(B){10) supports them and this feature was done to
create harmony and conformity with the building, and is an asset to the aesthetics of the
site and to the neighborhood, and it is not prefabricated; but custom designed. Mr.
Weiner displayed photographs of artwork, etc. that is in the public right-af-way in the
Pineapple Grove area. Mr. Weiner stated since they have designed this for the purpose of
improving the aesthetics, for the purposes of carrying out the plan that was part of the
original design and style of the building, and under the circumstances that they are in
their own right-of--way, they meet the four elements and believe they meet the standards
of the waiver. He urged the Commission to approve the waiver request.
There was no cross-examination.
Mayor McDuffie stated if anyone from the public would like to speak in
favax or in opposition of the waiver request, to please come forward at this time.
Pauline Mood 609 S.W. S Avenue D,,.,. ,,_
v, t" ~ elray Beach, FL 33444, stated
she does not see anything wrong with the sign. She urged the Commission to approve the
waiver.
Dr. Victor Kirson 2050 Alta Meadows Lane #2110 Delra Beach FL
33444 resident of the Board of Directors at Tierra Verde at Delra Beach and
Vice Chair of the Police Adviso Board briefly discussed a special privilege and
stated the sign is nothing to worry about.
11
04/06/10
Alice Frnst, 7117 Place Tavant, Delray Beach, FL 33445, stated she
attended the Site Plan Review and Appearance Board (SPRAB) meeting where this was
discussed anal noted that "form follows function". Mrs. Finst stated if the applicant
wanted a separation they could have put up a small planter or some ather appropriate
item to demark where their property ended. She stated the sign interrupts the visual flow
and Code says not to da this.
There being no one else from the public who wished to address the
Commission, the public hearing was closed,
Mr. Dorling gave the following rebuttal:
Mr. Dorling stated the Commission was shown a series of nice
photographs about art and the planters that are seen up and down the Avenue. He stated
this issue is not about safety, art features, signage, ar pedestrian circulation. Mr. Dorling
stated this issue is about making required findings that you had physical and visual
continuity along the streetscape. He stated there is a significant difference between
putting a physical structure in the setback and a planter to delineate the edge of the dining
area. Mr. Dorling stated that would be a more suitable solution in this case.
Mr. Weiner stated they selected and mirrored for a reason because that
actually enhanced the streetscape and gave the feeling that you were viewing the
restaurant and had the opportunity to see the cafe. He stated it is that mirrored feature
that actually enhances that streetscape experience. Mr. Weiner stated the building is a
post-modern structure and has those vertical and horizontal elements that blend in.
Mr. Eliopaulos stated great presentations on both parts. He stated one of
the items was pulled before with regards to encroachment and you need to look at things
as though they don't exist as opposed to voting on something that exists and getting
caught up in the fact that now you have to take something down. Mr. Eliopoulos
suggested that if the Commission approves this he would like to reaffirm that this actually
meets the building code requirements (i.e. foundation, hurricanes).
Mrs. Gray stated most of the concerns of the clients at Starbucks were
visual and nat being able to see with sitting at the tables outside. Mrs. Gray stated the
structure is an their private property and does not affect safety issues for anyone walking
or running into it. Mrs. Gray expressed concern over the continuity of the sign because
while walking dawn the Avenue you don't really see anything else that is coming out
from the buildings.
Mr. Frankel stated both sides made convincing .points in their
presentations. He stated he walks down the Avenue 6-7 times a week and there is
nothing solid that blocks any of the stores ar restaurants other than this structure. Mr.
Frankel stated with regards to this adversely affecting the neighboring area it seems Like
Starbucks could have an argument. He stated the restaurant looks great and has been
successful. Mr. Frankel stated he is more concerned with the flow of pedestrians and
12
04/06/10
commented about the structure to Cut 432. Mr. Frankel stated the structure at The Office
was made to display a menu and the reason the menu is not there is because it is not
supposed to be there. He stated he supports SPRAB and staff s recommendation of
denying this waiver.
Mrs. Gray asked if the structure could be modified versus tearing down
the whole unit. David Manero, owner of The Office, stated the structure cannot be
modified.
Mr. Fetzer stated he concurs with comments expressed by Commissioner
Eliopoulos. He stated this is a very lovely restaurant and feels that Mrs. Finst has raised
some valid issues. Mr. Fetzer stated he supports SPRAB and staff s recommendation of
denying this waiver.
Mayor McDuffie stated private property lines vary dramatically up and
down Atlantic Avenue. He stated Cut 432 came all the way to where the private property
ends and has nothing in public property. Mr. Dorling stated this is correct and in this
instance they are asking for a zero setback as well. Mayor McDuffie asked if the frame is
contained on private property. Mr. Dorling confirmed that the frame is on private
property. Mayor McDuffie stated over the last several months the Commission has been
discussing getting control of things that are being done on Atlantic Avenue that are just
outside the LDRs. He stated the restaurant is gorgeous and is a great addition to Atlantic
Avenue and Pineapple Grove. Mayor McDuffie stated he cannot support something that
he believes the Commission will be looking up and down the Avenue to try find other
things that we can remove that were put there that should not be there now.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mr. Fetzer moved to adopt the Board Order (denying the waiver request),
seconded by Mr. Eliopoulos. 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 denying the waiver request passed with a 5 to 0 vote.
At this point, the time being 'x:40 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
10. PUBLIC HEARINGS:
10.A. RESOLUTION NO. 13-IOICONTRACT FOR SALE AND
PURCHASEIHSBC BANK USA/G16 S.W. 9th STREET. Consider approval of
Resolution No. 13-10 authorizing the City to purchase a foreclosed property Iocated at
61G S.W. 9th Street, to be utilized for affordable housing purposes; and approve a
Contract for Sale and Purchase between the City and HSBC Bank USA in the amount of
$90,000.00.
13
04/06/10
The caption of Resolution No, 13-10 is as follows:
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 HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
FROM HSBC BANK USA, SELLER, AND THE CITY
OF DELRAY BEACH, FLORIDA.
{The offcial copy of Resolution No. 13-10 is on file in the City Clexk'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, introduced the new
Neighborhood Services Administrator.
Nigel Roberts, Neighborhood Services Administrator, stated this item is
for the Commission to consider Resolution No. 13-10 authorizing the City of Delray
Beach to purchase a foreclosed property located at 616 S.W. 9th Street to be utilized for
affordable housing purposes and approve a contxact for sale and purchase between the
City of Delray Beach and HSBC Bank in the amount of $90,000.00.
Mayor McDuffie declared the public hearing open.
Laura Sidell asked what type of affordable housing this will be. Mr.
Roberts stated this will be moderate to low income housing and the City is trying to
purchase the property to keep it from going into investors hands and to keep it to single-
family homeownership.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mr. Fetzer moved to approve Resolution No. 13-10, seconded by Mxs.
Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -
Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzex -Yes. Said motion
passed with a 5 to 4 vote.
14
04/06/10
10.B. RESOL
)R .SALE Al\
PURCHASEIWELLS FARGO/5288 N.W. 5t" COURT: Consider approval of
Resolution No. 14-10 authorizing the City to purchase a foreclosed property located at
5288 N.W. 5th Court, to be utilized for affordable housing purposes; and approve a
Contract for Sale and Purchase between the City and Wells Fargo in the amount of
$130,000.00. (STAFF HAS REQUESTED THIS ITEM BE REMOVED AS THE
PROPERTYIS ND LONGER AVAILABLE)
Mr. Eliapoulos moved to remove this item from the Agenda, seconded by
Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -T- Yes; Mayor
McDuffie -Yes; Mr. Eliopoulos ~- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said
motion passed with a 5 to 0 vote.
11.B. From the Public.
11.B.1. Dr. Victor Kirson 2050 Alta Meadows Lane #2110 Delra Beach FL
33444 resident of the Board of Directors at Tierra Verde at Delra Beach stated
the City of Baca Raton has a three year contract and a 5% increase each year for their
Police Benevolent Association (PBA); the Sheriff s office gave their Police Benevolent
Association (PBA) three years and a 5% increase each year; the City of Boynton Beach
gave one year no raise and two years 5% increase. Dr. Kirson stated Delray Beach is at
impasse and commented about their retirement programs having nothing to do with this
contract. He suggested that Delray Beach da what other cities have done sa that their
police force is satisfied working here. Dr. Kirson stated they are going to go somewhere
else at the first opportunity. He stated it has been two weeks since he has seen the
Finance Department's answer to Chuck Jerolaman's report on the possible misuse of
retirement funds up to $4 million or mare. Dr. Kirson stated he saw the report and the
City Manager's answer but asked what is taking so long for the Commission to came up
with a response to these items.
11.B.2. Pauline Moody, 609 S.W. 8t" Avenue,__Delray Beach, FL 33444,
commented about the Delray Beach Police Department and stated if they want to go
somewhere else then they can ga.
Secondly, Ms. Moody commented about issues with the shrubbery an
S.W. 10th Street and the railroad tracks as she walks toward the train station. She stated
people have been discarding their waste (i.e. cement blocks) and trees are growing
through this. Ms. Moody stated the overgrown shrubbery is obstructing the view and if
someone's child is walking from school it would be very easy for somebody to jump out
of those bushes and take therm.
Lastly, she stated there is broken glass on the sidewalk near the 1-95
overpass and S. W. 1 Ot" Street.
15
a4~o6ilo
11.B.3. Laura Seidel, 72 S.E. 6`° Avenue, #I, DeIray Beach, FL 33483, stated
she has lived in Delray Beach for approximately 1 %2 years and lives by 15~ and bt {south
of Atlantic Avenue near Mellow Mushroom}. Ms. Seidel stated she works from home
and in seven months she has had twa dog attacks and two close encounters with pit bulls.
She stated she has contacted the Police Department who has advocated that she arm
herself. Ms. Seidel stated she has come very close with sevexal pit bulls; and if she had
not had a stun gun she would have been attacked two weeks ago and her dog has been
mauled by her neighbor's dag. She stated she did not move to Delray Beach to have to
worry every time she walks her dogs. Ms. Seidel stated the other day she and her dogs
were charged by a pit bull and her neighbor's dag mauled them and they had an
emergency vet visit. She suggested that the City adopt a dog ordinance so that the police
can enforce it. Ms. Seidel stated she printed specific verbiage that states how to address
people and their dogs within our City limits. She stated she met last Friday with the
Delray police and they are not enforcing the County dog restrictions or rules in our city.
11.B.4. Millie M. Fazio Esq., 6S-L S.E. 5`~' Avenue, Delra Beach, FL 33483,
Y,,.,_
stated she comes to Delray Beach almost every other weekend to enjoy the pleasures of
Delray; however, she noted that she has been experiencing the dangers of Delray. Ms.
Fazio stated she has experienced drug addicts on the streets stopping her, following her,
and drug addicts in the early morning leaving their needles as they walk toward the
Intracoastal. She stated in the last year she has had three incidences with dogs and was
attacked by one. Ms. Fazio stated she feels she is in danger here and urged the
Commission to do something about this.
11.B.5. Rob Ficker 625 AIlen Avenue Delra Beach FL stated he moved here
last winter and has been an organic farmer in Maryland since 2001 and recently retired
from organic farming and transferred his entire farm into a 27-acre butterfly garden. Mr.
Ficker stated the first stop he made was at the Crossroads Club and then began planting a
butterfly garden. Mr. Ficker stated he proposed a larger garden on Lake Ida Road near a
retention field but is having trouble making headway in the city. He stated he is a
recovering addict and this is a solution to that type of problem because it helps him stay
sober. Mr. Ficker stated Delray is a tourist town and it could be something people
remember when they come here as opposed to Fort Lauderdale or somewhere else. Mr.
Ficker urged the Commission far their support so he can plant a butterfly garden in this
town.
11.B.6. Tob Johnson President of Delra Beach Lawn Bowlin Club
thanked the Commission, Mayor McDuffie, and the City Manager for the lawn bowling
facility here in Delray Beach and noted it is the only lawn bowling facility in southern
Florida. Mr. Johnson stated Delray Beach is fortunate to have Veteran's Park and he
hopes we can preserve it.
11.B.7. Be Goodman 930 S.W. 11~'' Terrace Delra Beach FL 33444
stated there is a church as you go south on S.W. St Avenue and on Sunday morning it
took her 15 minutes to get through the traffic and if there were an emergency no one
would be able to get out or into the area. Ms. Goodman stated regarding the second
16
04/0G/10
church people park near the cemetery but they do not park far enough off the street, She
suggested that Code Enforcement talk to the pastors of these two churches.
At this point, the time being 8:02 p.m., the Commission moved to Item
11.A., City Manager's Response to Prior Public Comments and Inquiries.
11.A. Ci Mana er's res onse to rior ublic comments and in uiries.
With regard to comments expxessed by Ms. Moody about the area where
Carver Square used to be where all the homes were demolished, the City Manager stated
the Community Redevelopment Agency (CRA) received Brownfield funding to mitigate
the soil conditions that caused the homes there to sink, The City Manager stated although
that process has been completed, they have not received final clearance from the
Department of Environmental Protection. Florida Department of Environmental
Protection (FDEP) requires that they test the ground water for up to a year; the soil test
came out fine. The CRA is meeting with DEP on Thursday, April 8, 2010 and will
provide information after this meeting but they cannot move forward with construction
homes until DEP gives final clearance on the site.
At this point, the time being 8:03 p.m., the Commission moved back to
Item 9.8., of the Regular Agenda.
9.B. WAIVER RE UEST/MOUNT OLIVE MISSIONARY BAPTIST
CHURCH: Consider a waiver request to Land Development Regulations (LDR)
Section 4.6.9 (D)(3)(c}(1), "Stacking Distance", to reduce the required stacking distance
from 20' to 14.2' and 15.5' for Mount Olive Missionary Baptist Church parking lot
located on the east side of N.W. 5th Avenue south of N.W. 1St Street. (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.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010-083 into the record.
Mr. Dorling stated this is a waiver request to LDR Section
4.6.9(D){3)(c)(1) associated with the Class II site plan modification for the Mount Olive
Missionary Baptist Church. The subject property is located on the east side of N.W. 5th
Avenue on the east side of the road. Mr. Dorling stated LDR Section 4.6.9{D)(c}(1)
requires a minimum stacking distance of 20 feet between the right-of--way and the first
parking space or aisleway in parking lots having between 21-50 parking spaces. The
request is to reduce that from 20 feet to 14 feet 2 inches and 15 feet five inches. He
stated this lot is located in the West Settlers District and on March 19, 2009, the
17
04/06/10
Community Redevelopment Agency (CRA) obtained a perpetual easement from the
church to allow the general public to utilize this parking lot adjacent to N.W. S~' Avenue
and includes the right far the CRA to improve, repair, or maintain the parking lot.
At its meeting of March 17, 2010, the Historic Preservation Board (HPB)
approved the conditions of the Class II site plan application and included repairing,
patching and restriping the existing asphalt and construction of the new driveway
connection to N.W. S~' Avenue. The HPB recommended approval with a 6 to 0 vote of
the Class II modif cation as well as a recommendation for the related waiver. Staff feels
that the reduction is appropriate irz this case because of the relatively slow speeds and
traffic volumes on N.W. 5~' Avenue.
Jeff Costello, Assistant Director of the CRA, stated positive findings can
be made with respect to LDR Section 2.4.7(B)(5). Mr. Costello stated this upgrade to
this parking lot will serve the surrounding businesses and as part of the condition they
will be installing a crosswalk which ties into the west side with the new housing authority
offices.
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, the public hearing
was closed.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to theix 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
the waiver request), 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 0 vote.
9.C. CONDITIONAL USE RE UEST1250 NORTH CONGRESS
AVENUE: Consider a conditional use request to allow establishment of an automobile
body and repair shop in Bays A and B of an existing warehouse building located in the
Mixed Industrial and Commercial (MIC) zoning district at 250 North Congress 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.
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2010-056.
18
04/06/10
Mr. Dorling stated this is a conditional use request to allow a conversion
of a warehouse use {9,167 square feet) to twelve (12} interior parking spaces, an auto
body and repair shop garage, and associated storage and office areas at 250 North
Congress Avenue on the west side of North Congress Avenue between Lake Ida Road
and West Atlantic Avenue. Mr. Dorling stated the subject property is 1.35 acres and
contains an existing 22,314 square foot warehouse building built in 1987. The building
contains four {4) bays and one (1) office loft. The applicant is seeking to change the use
in two (2) combined bays (A&B) to include an auto repair and body shop and the
associated office, parking and storage areas. There will be six (6) employees and the
operation hours will be Monday through Friday, 7:00 a.m. to 7:00 p.m., Saturdays 8:00
a.m, to 12:00 p.m. and closed on Sundays. Minor exterior alterations to the building are
proposed to accommodate a 24 foot wide two-way driveway entrance into Bay "B" for
the twelve (12) new interior parking spaces, and an existing overhead door will be
blocked in and finished to match the existing facade.
At its meeting of February 22, 2010, the Planning and Zoning Board
considered the conditional use request far 25 North Congress Avenue and recommended
approval with a 5 to 0 vote. Staff recommends approval of the conditional use subject to
the eight (8) conditions listed on page two of the City Commission documentation.
No applicant was present.
Mayor McDuffie stated if anyone from the public would like to speak in
favor or in opposition of the conditional use request, 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.
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 subject to the conditions
as listed on page two of the City Commission documentation, seconded by Mr. Frankel.
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.
9.D. APPEALIHISTORIC PRESERVATION BOARD ACTION/14
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. (Quasi Judicial Hearing) (This item is now moot as the business has
relocated to 4801 Linton Boulevard).
19
04/06/10
Mr. Eliopoulos moved to withdraw the appeal, seconded by Mrs. Gray.
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.
9.E. INDEPENDENT CONTRACTOR AGREEMENT & LEASE
AGREEMENT-EMPLOYEE HEALTH AND WELLNESS CENTER: Consider
approval of an Independent Contractor Agreement with CareHere, LLC., to provide
medical staff and services in the Employee Health and Wellness Center; and a Lease
Agreement with Pineapple Grove Professional Center to secure an operating space for the
facility.
Bruce Koeser, Director of Human Resources, stated the City has been in
negotiations with CareHere, LLC to provide medical staff and services in the Employee
Health and Wellness Center. Mr. Koeser has reviewed this with the City Attorney and
Risk Management and various departments. He stated this would be a 3 year agreement
cancellable after 15 months. Mr. Koeser stated the City has also been in discussions and
negotiations with the owner and lessor of Pineapple Grave Professional Center and have
a good rental rate {close to $3,040.00 a month less than the next best space). He stated
staff has also been able to reduce their 24 month minimum lease to 19 1/2 months, Mr.
Koeser stated the norm for these types of commercial leases for medical office space is 3-
5years. The only downside is if the City decided to totally get out of it, after 15 months
the City would eat that rent for 41/2 months.
Mrs. Gray asked if this is a previous medical center. Mr. Koeser stated
right now this is an existing doctor's office {2,200 square feet) and the doctor will be out
mid-May and if everything goes according to plan, the City will be moving in June 1,
2010.
Mr. Frankel stated in talking with the City Attorney today, he was
concerned with the 2-year minimum lease. Mr. Frankel commended Mr. Koeser to get
this lease to 191/2 months. Mr. Frankel stated the entixe program is great.
Mr. Eliopoulos stated as far as the space, what improvements are going to
be needed. Mr. Koeser stated the space as it is now would be ideal if the City were not
going to be putting an x-ray room in. Mr. Koeser stated there is sufficient parking and
the facility is nice.
Mayan McDuffie commended Mr. Koeser because he feels this is going to
be a great program for the City, employees, and in the long run if we achieve the
monetary savings we are looking at it is going to be a great thing for the whole
community. Mr. Koeser stated this has been an entire team staff effort.
20
04/06/10
Mr. Fetzer moved to approve the Agreement with CareHere, LLC,
seconded by Mr. Eliopoulos. 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.
Mr. Frankel moved to approve the Lease Agreement with Pineapple Grove
Professional Center and the City of Delray Beach as amended, seconded by Mx.
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 4 vote.
9.F. FUNDING ALTERNATIVES FOR ROBERT P. MILLER PARK:
LITTLE FENWAY CONCESSION BUILDING: Provide direction regarding funding
alternatives for replacement of the Little Fenway Concession Building at Robert P. Miller
Park.
Richard Hasko, Director of Environmental Services, stated this is a request
for Carnmission direction as to potential funding far the Little Fenway Park concession
building. Mr. Hasko stated staff realized that the existing facility was really border line
in terms of usable. He stated there were serious concerns about public health and safety
because of the condition of the facility and it was subsequently demolished with the
approval of the Commission. Mr. Hasko stated the City went through a process working
with the Bucky Dent Baseball School, Parks and Recreation staff, Atlantic High School,
and other stakeholders that use the facility to come up with the floor plan, the concept,
and the facade that we eventually proposed. He stated this was a fast track project and
rather than doing an advertised competitive bid which would take approximately 2-2 1/~
months, staff selected four contractors from the pre-qualified contractor list. Mr. Hasko
stated one bid was $600,04D.00 and the other three bids were as follows: (1) West
Construction $307,000.40, (2) Randolph &Dewdney Construction $361,682.00 and (3)
Brang Co., Inc, was $366,510.00. Mr. Hasko stated West Construction did not submit
their bid using the proper bid proposal forms that were distributed with the addendum for
the project. Therefore, the lowest responsive bidder was Randolph &Dewdney
Construction at $361,682.00. Mr. Hasko stated staff anticipated having funding available
through other funds that were in surplus funding condition but this turned out not to be
the case. Mr. Hasko stated the facade for Little Fenway appearance was something that
everyone was very excited about but that is driving the cost to $50,000.00-$70,000.00.
He stated alternatives for funding this project appear limited to borrowing the required
funds, seeking grant opportunities, or deferring construction to the 2010/2011 fiscal year
capital program. Mr. Hasko stated the facility can be used and the temporary portable
facilities can remain until the City has the funding for this.
The City Manager stated in reviewing the City's capital projects he comes
up with about $250,000.00 which he thought it would cost based on discussions before
staff actually got prices, He stated that still leaves the City with $110,000.001$112,000.00
gap•
21
04/06/10
Mr. Fetzer asked if the temporary facilities are in place now. Mr. Hasko
stated these are not in place now and the City will have to do that regardless and is just a
question of how long the field will have to operate with those out there.
Mrs. Gray asked if this is normal process for vendors to go through an
RFP or RFQ without actually having the funding in place. Mr. Hasko stated this project
was not programmed in this year's Capital Improvement Plan (CIP) and it was developed
after the turn. of the fiscal year when the CIP was already settled. Mrs. Gray asked if the
City finds the dollars to proceed, would Randolph &Dewdney be awarded this contract
or do we have to re-bid if we cannot find the dollars in this fiscal year. Mr. Hasko stated
staff would have to re-bid the contract because by agreement in the bid documents they
have to hold their prices far 60 days so anything beyond that in terms of being able to
provide funding so that we can execute a contract, they are under no obligation to the
City to hold those prices.
The City Manager stated staff would like direction on whether the
Commission would like staff to go out for a sealed bid. He stated if the Commission
would like staff can work with Randolph &Dewdney Construction and see if they
suggest same ways to bring the costs down and continue to search for funding and then
bring it back next week or the week after.
Mrs. Gray commented about the covered area on both sides of the
building. Mr. Eliopoulos stated he feels there are ways to reduce this. Mrs. Gray stated
she would also like to see if staff can find some grants; however, if it is going to delay the
project then staff could look at trying to reduce the cost.
Mr. Frankel asked if the only thing that was disqualifying West
Construction was them using the wrong forms. Mr. Hasko stated the bid forms were
changed significantly during the mandatory pre-bid meeting that staff had. He stated it
had a significant effect on the format of the bid proposal in terms of the line items that
were on there. Staff distributed those changes with the addendum that was sent out and
they all acknowledged receipt of it; however, unfortunately West Construction used the
old original bid forms which resulted in staffs inability to compare them with the other
three contractors. Mr. Frankel concurs with comments expressed by Commissioner
Eliopoulos and the City Manager.
Mayor McDuffie stated he will check to see if the City can get any private
participation for this.
Mr. Eliopoulos asked if Mr. Hasko can inform the architects to flip the
women's handicapped stall because the door is not swinging in the right direction.
It was the consensus of the Commission to direct staff to work with the
Iow bidder and the consultants to value engineer this and try to get the prices down closer
to where staff anticipated them coming in and look for funding frorr~ different sources.
The City Manager stated staff applied for a FRDAP (Florida Recreation Development
22
04/06/10
Assistance Program) Grant to help with this and was not successful in that application but
will continue to look.
9.G. SPECIAL EVENT RE VEST/CHILLOUNGE NIGHT: Consider
approval of Chillounge Night sponsored by Design O' Fresco Corporation proposed to be
held on Friday, May 21, 2010 from 6:30 p.m. to 11:30 p.m. on the Old School Square
Park site, io grant a temporary use permit per LDR Section 2.4.6(F) for the use of the
park and portions of N.E. 1st Avenue, to provide staff support for traffic control and
security, EMS services, barricading, trash removal, event signage and a fireworks show;
contingent upon staff's recommended conditions being met.
Robert A. Barcinski, Assistant City Manager, stated this is a special event
fora "Chillounge Night" sponsored by Design O'Fresco Corporation proposed to be held
on Fxiday, May 21, 2010 from b:30 p,m. to 11:30 p.m. on the Old School Square Park
site. Mr. Barcinski stated the event sponsor is requesting to grant a temporary use permit
per LDRs Section 2.4.6(F) for the use of the park and portions of N.E. 1SY Avenue, to
approve staff support for traffic control and security, EMS services, trash pickup and
removal, barricading, event signage and a f reworks show. Mr. Barcinski stated the
applicant submitted information on events they have held in other cities. Staff has done
research with those other cities and evidently this has ,been a good event and has been
well run. He stated the estimated cost for overtime including an estimate for park rental
is approximately $4,305.00 (which staff will bring to the Commission at the April 13`x'
Workshop Meeting) and the event sponsor will have to pay 100% of the City's cost. Mr.
Barcinski stated staff recommends approval with the five conditions as listed in staff s
memorandum. The event is geared toward young adults 21 and over.
Mrs. Gray inquired about the rental fee for the space. Mr. Barcinski stated
the event sponsor is required to pay 100% of whatever the City's costs are.
Mr. Fetzer inquired if $4,305.00 includes the $600.00 rental rate.
Mr. Frankel stated he likes that the event sponsor is giving a donation to
the Nat King Cole Generation HOPE, lnc. charity. He expressed concern over the
fireworks at the tennis center and asked if this could damage the courts. Mr. Barcinski
stated he is concerned whether people will be able to see the fireworks fram there and
commented on the fire regulations. Mr. Barcinski stated it will be similar to what the
City did far First Night and it will be done in a retention area. Mr. Eliopoulos stated his
concern is not people being able to see the fireworks from Old School Square, but he is
concerned with the time of year that this will be going on because there are only certain
times of the year that people expect fireworks.
Mayor McDuffie inquired if everything is resolved with the attire and
noted the clause about the lingerie show. Mr. Barcinski stated this has been resolved by
email; however, someone will have to ensure this the night of the event. Mr. Barcinski
stated he is assuming everything is going to be done in good taste and there would be no
issues including the attire of the samba dancers.
23
04/06/10
The City Attorney painted out a typographical error on Condition #3 and
clarified it should read 2010.
Mr. Frankel moved to approve the Special Event Request Chillounge
Night to be held an May 21, 2010 from 6:30 p.m. to 11:30 p.m. on the Old School Square
park site, seconded by Mrs. Gray. Upon roll call the Commission voted as follows:
Mayor McDuffe -- Yes; Mx. Eliopoulos --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes;
Mrs. Gray --Yes. Said motion passed with a 5 to 0 vote.
9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint
one {1) regular member to the Board of Adjustment to serve an unexpired term ending
August 31, 2010. Based on the rotation system, the appointment will be made by
Commissioner Frankel (Seat #3).
Mr. Frankel moved to reappoint Bryce Newell as a regular member to the
Board of Adjustment to serve an unexpired term ending August 31, 2010, seconded by
Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopaulos -Yes;
Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes. Said
motion passed with a 5 to 0 vote.
9_I, APPOINTMENT TO THE NEIGHBORHOOD ADVISORY
COUNCIL: Appoint one (1) student member to the Neighborhood Advisory Council to
serve an unexpired term ending July 31, 2010. Based upon the rotation system, the
appointment will be made by Mayor McDuffie (Seat #5).
Mayor McDuffie stated he wished to appoint Diana Ciuca as a student
member to the Neighborhood Advisory Council to serve an unexpired term ending July
31, 2010. Mr. Frankel so moved, seconded by Mrs. Gray. 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 5 to 0 vote.
9~J. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term ending
July 31, 2011. Based upon the rotation system, the appointment will be made by
Commissioner Fetzer (Seat #2}.
Mr. Fetzer stated he would like to defer his appointment to the next
regular meeting of Apri120, 2010.
At this point, the time being 8:43 p.m., the Commission moved to Item
12, First Readings,
12. FIRST READINGS:
12,A. ORDINANCE NO. OS-10: Consider acity-initiated amendment to the
Land Development Regulations (LDR) Section 4.6.14, "Visibility at Intersections",
Section 5.3.1, "Streets" (rights-of--way), Section 6.1.2, "Streets and Alleys", Section
24
04/06/10
6.1.3, "Sidewalks", and Section 6.1.4, "Driveways and Points of Access", to update
current development standards to better reflect the City's efforts to encourage multiple
modes of transportation as well as providing a more reasonable and consistent application
of sight visibility. If passed, a public hearing will be held on Apri120, 2010.
office.)
The caption of Ordinance No. 08-10 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,
REPEALING AND REPLACING SECTION 4.6.14,
"VISIBILITY AT INTERSECTIONS," TO UPDATE THE
MEASUREMENT OF SIGHT VISIBILITY TRIANGLES;
AMENDING SECTION 5.3.1, "STREETS {RIGHTS-OF-
WAY}, BY AMENDING SUBSECTIONS {D) AND {E};
AMENDING SECTION 6.1.2, "STREETS AND
ALLEYS", SUBSECTION (C}{3), "PAVING WIDTHS",
TO PROVIDE UPDATED MINIMUM PAVING
WIDTHS; AMENDING SECTION 6.1.3,
"SIDEWALKS"; AND AMENDING SECTION 6.1.4,
"DRIVEWAYS AND POINTS OF ACCESS"; TO
UPDATE CURRENT STANDARDS TO BETTER
REFLECT THE CITY'S EFFORTS TO ENCOURAGE
MULTIPLE MODES OF TRANSPORTATION AS WELL
AS PROVIDING A MORE REASONABLE AND
CONSISTENT APPLICATION OF SIGHT VISIBILITY;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 08-10 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Paul Doxlzng, Director of Planning and Zoning, stated this is a City-
initiated text amendment to the Land Development Regulations Section 4.6.14,
"Visibility at Intersections," Section 5.3.1, "Streets" {rights-of--way), Section 6.1.2,
"Streets and Alleys," Section 6.1.3, "Sidewalks," and Section 6.1.4, "Driveways and
Points of Access." Mr. Dorling stated following the approval of the Downtown Design
Guidelines in the Central Business District (CBD) the City has had numerous waiver
requests seeking relief from the City's sight visibility triangles. He stated this is partly a
function of the Design Guidelines requiring buildings to be located closer to the street.
Mr. Dorling stated the LDR amendzxa.ents that are before the Commission now takes into
account the different development regulations as it pertains to the downtown, the certain
residential areas, and then the balance of the City implement not so stringent ones in the
downtown area where speeds are lower and the conditions are different. Then where we
25
04/06/10
have more open areas as you move out from the downtown they expand those site
visibility triangles. Mr. Dorling stated it also implements site visibility requirements to
other entities such as Palm Beach County and the State when it relates to a County or
State road.
At its rneeting of March 15, 2010, the PIanning and Zoning Board
considered the proposed text amendment and recommended approval; at its meeting of
February 8, 2010, the Downtown Development Authority (DDA) reviewed the text
amendment and recommended approval; at its meeting of February 10, 2010, the West
Atlantic Redevelopment Committee (WARC) reviewed the text amendment and
recommended approval; at its meeting of February 11, 2010, the Community
Redevelopment Agency (CRA) reviewed the text amendment and recommended
approval. The CRA Director and Assistant Director conveyed suggestions to City staff
on minor changes to clarify several sections of the text amendments and these
suggestions have been included in the ordinance.
Mr. Fetzer moved to approve Ordinance No. 08-10 on FIRST Reading,
seconded by Mr. Eliopoulos. 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.
At this point, the time being 8:47 p.m., the Commission moved to Item
13, Comments and Inquiries on Non-Agenda Items frond the City Manager, City
Attorney and City Commission.
13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS.
13.A. City Manager
The City Manager stated there is still a vacancy on the Land Development
Regulation Advisory Board. He stated Joanie Brickxnan who has been representing the
league on that for a number of years resigned because of the stringency of the County's
new ethic situation, The City Manager stated if you do business in any way with the
County you cannot serve an any of their Boards. Therefore, Ms. Brickman had to resign
and they are looking for a new person to replace her.
Secondly, the City Manager commented about the report for the County's
Impact Fee office using the formula they normally use it would call far doubling the fee
on a single family residence of 1,500-2,000 square feet from roughly $10,000.00 to
roughly $20,000.00. He stated considering the economy, they are recommending no
increase.
The City Manager stated the Aventura case on red light cameras is being
appealed and the final order is pending the outcome of the appeal.
He stated the Children's Services Council spoke to the league and they are
very concerned with Senate bill 1216 and it would require a referendum every six years
26
D4/06/10
to renew the Children's Services Council.
The City Manager stated the League voted to reduce their dues by 5% next
year which will save the City about $800.00 in its budget.
Lastly, the City Manager stated regarding Dr. Kirson's response to Officer
Jeroloman's letter, he believes we have everything we need now to respond. He stated a
lot of that work had to be done by Ms. Walinski who has been busy with the audit. In
addition, it involves researching employee records going back far 16 years and looking at
actuarial reports going back that far and it is a very time consuming process. The City
Manager stated now it is finished and is only a matter of getting it all written up and
hopefully staff can get this out to the Commission by the end of the week.
13.B. City Attorney
The City Attorney had no comments or inquiries on non-agenda items.
13.C. City Co~nnmission
13.C.1. Mr. Fetzer
Mr. Fetzer stated the City has taken the position and passed some
resolutions on some of the pending legislative action in Tallahassee. He stated
Amendment #4 -Hometown Democracy and the 1 % sales tax offset for property taxes
for fire services will be on the November ballot. Mr. Fetzer suggested that the
Commission have discussion at a Workshop meeting on whether or not we support those
issues. The City Manager stated it is not certain that the 1 % sales tax will 6e on the ballot
and noted that in order for it to go on the ballot, they have to have at least seven of the
agencies providing fire-rescue services in Palm Beach County enter rota an agreement
with the County.
13.C.2. Mr. Eliopoulos
Mr. Eliopoulos thanked Scott Aronson, Parking Management Specialist,
for his help with working out the shuttle for this weekend for the Seacrest Complex
because they are having a soccer tournament. Mr. Eliopoulos stated last year during the
Delray Affair they actually ended up having a Lacrosse tournament because there was a
neighboring city that was flooded out and they requested to use the soccer complex in
Delray. Mr. Eliopoulos stated now the shuttle bus is going to be coming up and bringing
everyone down to the Avenue.
Secondly, Mr. Eliopoulos stated he attended the meeting that the Mayor
sat in on with the Downtown Marketing Cooperative (DMC) and also sat in on the
Downtown Development Authority's (DDA) meeting and commended Mayor McDuffze
for going through that. Mr. Eliopoulos stated the City Attorney needs to be present at
these meetings. The City Attorney stated the special act of the DDA would prohibit a
27
04/06/10
City employee acting as General Counsel to the DDA. He stated he noticed that the
Director takes all the minutes of the meetings and suggested that this be looked at when
the restructuring occurs.
Mr. Eliopoulos and the City Manager had a brief discussion regarding the
Sustainability Offzcer's position and commented on the email from Nancy Stewart
regarding the Green Task Force. The City Manager stated the recent payroll checks have
been charged to the grant but when Mr. Reade started the Waste Management work, staff
did not know what the magnitude of it was going to be and now that we are well into it, it
has been a large part of his workload and it would be inappropriate to charge that to the
grant. The City Manager stated this will be charged against the sanitation fund. Mr.
Eliopoulas stated this is a grant for one year. The City Manager stated the grant actually
lasts for three years and the Sustainability Officer has been funded far one year but it is
actually going to be longer than that because the City is not spending $100,000.00 that is
in there and because some of Rich's work has been diverted to other things. The City
Manager stated he believes the grant will end up lasting for more than one year. Mr.
Eliapoulos stated if you did a search nationwide and found that fantastic person from
another state and brought them here, it is very hard to make that kind of commitment
unless you know it is for three or four years. The City Manager stated that was a concern
the Commission had early an that if we establish this position what happens when the
grant runs out and that was the advantage of having Mr. Reade here because he is looking
for other positions as well and something may work out for him to stay here; however, it
is not like moving somebody here from half way across the country. Mr. Eliopoulos
stated the Commission has all agreed to have Rich involved in our Waste Management
situation and hopefully this will be resolved in the next few weeks so that he can focus
back on the Green Task Force.
13.C.3. Mrs. Gray
Mrs. Gray stated this past weekend she attended the Delray American
Little League Opening Ceremony at Pompey Park and it was wonderful. She stated they
have approximately 42 volunteers that have been very instrumental in helping with the
program.
Secondly, Mrs. Gray stated with regard to comments expressed by Ms.
Goodman about S.W. St'' Avenue, the parking is a big problem almost alI day Sunday.
Mrs. Gray stated the two lanes actually becomes one lane down the center of 8th Avenue.
The City Manager stated he will ask the Police Department to be observant of the
situation.
13.C.4. Mr. Frankel
Mr. Frankel stated with regard to the comments expressed by the residents
about the dog situation, he lives very close to this area and he sees a lot of dogs being
walked although he has not seen any pit bulls. However, Mr. Frankel stated he has seen
street begging and it appears there is a problem that should be addressed.
28
04/06/10
Secondly, Mr. Frankel stated the Delray Beach Film Festival was well
attended; however, he has been told that at the Sunday night party they sold alcohol on
the grounds of Old School Square without permission or proper permit and there was a
fight on Old School Square property. Mr. Frankel stated he does not think the payment
structure that the Commission agreed an was held to. He stated this is the second year he
has been through this and it seems like it is an issue.
Lastly, Mr. Frankel expressed concern over the Downtown Marketing
CooperativelDowntown Development Authority status and stated we are all trying to act
in good faith in what is a delicate but important function in our city. Mr. Frankel stated
the Commission is put in the position to mediate this and noted you hear things from all
sides.
The City Manager stated with regard to the two women who spoke
regarding the dogs, we do still have an animal control ordinance on the books still even
though the City does not have anyone dedicated to that enfaxcement. He stated he will
speak to Chief Strianese about whether there are certain circumstances in which the
police could or should take action. Mr. Eliopoulos stated he did not understand what the
City can and cannot do. The City Manager stated to the extent that that the City's animal
control ordinance is more stringent we can follow our ordinance and we axe not limited
by the County ordinance. Mr. Eliopoulos stated the Delray Beach Film Festival
responded to the 1tFP for the Old School Square retail space.
13.C.5. Mayor McDuffie
Mayor McDuffie stated he attended the President's Council meeting last
week and one of the issues that came up was people parking on streets. He stated the
City does not have a law that prevents parking an the street.: However, Mayor McDuffie
stated you have to leave a 10 foot clearance area that you could pass by. Mayor
McDuffie stated if the cars are blocking intersections, driveways,, and fire. hydrants-then
these are other issues that come into play.
The City Manager stated staff can also talk to pastors of the churches there
and seek their cooperation in trying to minimize the problem.
Secondly, Mayor McDuffie stated he judged the Easter Bonnet Parade
with Commissioner Eliopoulos and Commissioner Fetzer and it was an interesting
opportunity and a Iat of fun.
Mayor McDuffie stated on the lobbyist registration with the League of
Cities, the County decided that they had to have people register in hard copy. He stated
what they are working with all the time is to register over the Internet and use your credit
card to pay your fees. Mayor McDuff e stated when the County seemed to be going in
that direction, the good news was it was not going to cost the City anything to participate
because the County was going to charge $25.00 every time a lobbyist registers a client.
29
04/06/10
__ _ _ _ _ __
He stated the City is going to have to pay for whatever the development cost is and that
would spread acrass the league of cities.
Mayor McDuffie commented on the email he sent regarding the 13~h Street
Park. He stated a resident complained about drug paraphernalia in one of the City parks
and some tree cutting that damaged some of the equipment. Mayor McDuffie
congratulated the Police Department for investigating this and making two arrests.
He stated he went to a dinner for the Gulf ,Stream Council Boy Scouts for
Eagle Scout Award night, Mayor McDuffie stated there were 143 kids in attendance and
Sheriff Ric Bradshaw was the keynote speaker for the night. He stated Shelly Weil was
honored as well.
Lastly, Mayor McDuffie stated he attended the Downtown Marketing
Cooperative (DMC) meeting and it was difficult. However, he stated the City is moving
ahead with a full redo of the DMC and that structure.
There being no further business, Mayor McDuffie declared the meeting
adjourned at 9:20 p.m.
City Clerk
ATTEST:
~~
MAYO
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 6, 2010, which Minutes were formally approved and adopted by the City
Commission on April 20, 2010 ,
City Clerk
30
04/06/10
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 same amendments, additions
or deletions as set forth above.
31
04/06/ 10
r.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST TO SECTION 4.4.13 [F} [4} TO ALLOW AN ENCROACHMENT
INTO A FIVE FOOT [5'} FRONT SETBACK FOR THE OFFICE RESTAURANT
1. This waiver request came before the City Commission on April 6, 2090.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request to Section
4.4.13(F)(4} to allow an encroachment into a five foot (5'} front setback for The Office
Restaurant. 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 ALLOW ENCROACHMENT INTO A 5' FRONT SETBACK:
Per LDR Section 4.4.13(F)(4)(a)2., for l7uildings with nonresidential uses an the ground
floor in the Central Business District, a minimum front setback of five feet (5') is
required.
Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
{a) Shall not adversely affect the neighboring area;
{b) Shall not significantly diminish the provision of public facilities;
{c) Shall nat create an unsafe situation, and,
(d) Does not result in the grant of a special privilege in that the same
waiver would be granted under similar circumstances on other
property for another applicant or owner.
Does the waiver to Section 4.4.13[F)(4) to allow the encroachment into the
five foot (5'} fron# setback meet all the requirements of 2.4.7(B)(5)?
Yes No /
1
Regular City Commission Meeti~xg on April 6, 2010; Item 9.A.
f
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 Earth in this Order are consistent with the
Comprehensive Pian.
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 suppartipg 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}~4).
6. Based on the entire record before it, the City Commission hereby adopts
this Order this 6th day of April, 2010, by a vote of b in fauor an posed.
cS~~u,~ ~
ATTEST: Nelson S. McDuffie, Ma
~\
Chevelle Nubin, City Clerk
f
2
Regular City Commission Meeting on April 6, 2010; 1'tem 9,A.
r
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAIVER REQUEST ASSOCIATED WITH THE CLASS II SITE PLAN MODIFICATION
FOR MOUNT OLIVE MISSIONARY BAPTIST CHURCH PARKING LOT LOCATED
ON THE EAST SIDE OF NW 5 AVENUE BETWEEN WEST ATLANTIC AVENUE
AND NW 1 STREET
1. This waiver request came before the City Commission on April 6, 20'10.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the waiver request for Mount Olive
Missionary Baptist Church Parking Lot, located on the East side of NW Sin Avenue
between West Atlantic Avenue and NW 1st Street. All of the evidence is a part of the
record in this case. Required fndings are made in accordance with Subsection I.
I. WAIVER TO MINIMUM STACKING DISTANCE:
Per LDR Section 4.6.9{D){3){c}{1 }, a minimum stacking distance of twenty feet
{20'} is required between the right-of--way and the first parking space or aisleway in
parking lots having between 21-50 parking spaces.
Pursuant to LDR Section 2.4.7{B}{5), prior to granting a waiver, the approving
body shall make a finding that the granting of the waiver:
(a} Shal! 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 far another applicant or owner.
Does the waiver to Section 4.5.9{D}(3}(c)~1} to allow a reduction in the
minimum stacking distance of 20' to 14.2' for the cross drive aisle at NW Stn
Avenue and 15.5` to the first parking space meet all the requirements of
2.4.a{B){5)?
Yes / No
1
City Commission Meeting on April 6, 2()10; Item 9.8.
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.fi.9(D)~3)(c)~1).
B. Based on the enure record before it, the City Comrnissi n hereby adopts
this Order this 6th day of April, 2010, by a vote of ~_ in fav a opposed.
ATTEST:
r
Chevelle Nubin, City Clerk
Nelson S. McDuffie,
2
City Commission Meeting on April 6, 2010; ifem 9.B.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DEI_RAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF AN AUTOBODY
AND REPAIR SHOP WITH INTERIOR PARKING LOCATED ON THE WEST SIDE OF
NORTH CONGRESS AVENUE BETWEEN LAKE IDA ROAD AND WEST ATLANTIC
AVENUE
1. "this conditional use request has come before the City Commission on
April 0, 2010.
2. The Applicant and City staff presented documentary evidence and
testimony to the City Commission pertaining to the conditional use request far the
establishment of an Autobody and Repair Shop with interior Parking located on the west
side of North Congress Avenue between Lake .lda Road and West Atlantic Avenue. Ai!
of the evidence is a part of the record in this case. Required findings are made in
accordance with Subsections I and II.
I. COMPREHENSIVE PLAN
a. Com rehensi~e Pian -Future Land Use and Ma : 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 physical considerations, complementary to adjacent land uses, and fulfills
remaining land use needs?
Yes +~ No
b. Concurrence; Concurrency 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 and{or 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 respect to water, sewer,
drainage, streets and traffic, parks, open space, solid waste and
schools?
Yes / No
City Corrcmissian Meeting an April 6, 20T0; Item 9.C.
i
Il. LQR REQUIREMENTS: Pursuant to LDR Section 4.4.'19{D){~?{cy,
Automobile, Paint, Body, and Repair Shops require conditional use approval.
' ,....._ Ired Findings. Conditional Use): Pursuant
A, LDR Sect~an 2.4.5(E) Regu
to Section 2.4.5{E)(5), in addition to provisions of Chapfier 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. ~rhe City Commission has applied the Comprehensive Plan and LDR
requirements in existence at the time the conditional use request was submitted.
a. 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 an 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 6th day of April 2D1D, by a
vote of _ 5_. __ in favor and _ _0 opposed.
i~1/1
Nelson S. McDuffe, May
ATTEST:
~.
Chevelle Nubin
City Clerk
City Cor~¢missivn Meeting on April 6, 2010; Item 9. C.
CONDITIONS OF APPROVAL FOR THE
ESTABLISHMENT OF AN AUTOBODY AND REPAIR SHOP WITH INTERIOR
PARKING LOCATED ON THE WEST SIDE OF NORTH CONGRESS AVENUE
BETWEEN LAKE~IDA ROAD AND WEST ATLANTIC AVENUE
1. Additional landscaping material shall be provided along the west property line and reviewed
during site plan modification approval in order to mitigate any potential impact on the single
family residential use to the west.
2. A detail of the dumpstcr enclosure shall he provided along with written approval from Waste
Management regarding the location and size of the enclosure be obtained and confirmation from
Waste Management that trash generated from the new auto repair and body shop can be
adequately accommodated within the exterior dumpsters to be provided.
3. A photometric plan in compliance with City's average and rnaxirnum standards of Illumination
Levels and Uniformity for parking areas shall be provided.
4. The parking lot shall be resurfaced, restriped and wheel stops shall be added.
5. Any landscaping that the City deems substandard shall be upgraded and replenished.
6. All handicap spaces shall be made ADA compliant,
7. A letter of no abjection from LWDD (Lake Worth Drainage District) shall be obtained,
8. Automobile painting shall not be allowed on-site.
City Commission Meeting on April 6, 20T 0; Item 9.C.