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10-05-10 Regular Meeting MinutesOC~'OBER 5, 2D1D 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, October 5, 2010. 1. Rail 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. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubia, City Cleric 2. The opening prayer was delivered by Reverend Marcia Beam from St. Matthew's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4, AGENDA APPROVAL. Mayor McDuffie stated item 6.A., Florida City. Government Week -- October 17-23, 2010 and item G.B., Healthy Mouth Healthy Body Day -- ,, ,..,,.,.,. „ ,October 27, 2010 are postponed to the regular meeting of October l9, 2410. Mrs. Gray requested that item S.P., Special Event Reguest/Holiday Pa~eant,,Parade of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item S.Q., Review of A ealable Land Develo meat Board Actions SPRAB ~`2 Marriott Ex ansion Extension. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. The applicant has requested that Item 9.A., Appea_1__of the Site Plan Review and A earance Board's Decisi©nlNew Centu Cour ards be withdrawn. 1010511 D Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos -Yes, Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Workshop Meeting of September 13, 2010, 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 Minutes of the Special Meeting of September 13, 2010, 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. Mr. Frankel moved to approve the Minutes of the Workshop Meeting of September 20, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDnffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Impasse Hearing of September 20, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Crray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of September 21, 2010, 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. 6. PROCLAMATIONS: G.A. Florida Ci Governrt-ent Week -October 17-23 2010 2010. This item has been postponed to the next regular meeting of October 1 S, 6.8. Health Mouth Health Bod Da -October 27 2010 This item has been postponed to the next regular meeting of October 15, 2010. 2 10/05/10 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. B.A. RESOLUTION NO, 56-IO (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/220 NORTH DIXIE BOULEVARD : Approve a tax exemption request for eligible improvexnents to the property located at 220 North Dixie Boulevard within the Del Ida Farlc Historic District; and approve Resolution No. 56-10. The caption of Resolution No. 56-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JOHN AND CATHERINE MURPHY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 220 DIXIE BOULEVARD, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION {LDR) SECTION 4.5.1{M){5); PROVIDING AN EFFECTIVE DATE. {The official copy of Resolution No. 56-10 is an file in the City Clerk's 8.8. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND HOLD HARMLESS AGREEMENTI215 N.E. 5 AVENUE: Approve and accept aright-of way deed for a two foot additional alley right-of way and a Hold Harmless Agreement far a landscape island associated Krystal Kleen Coin Laundry located at 215 N.E. Stn Avenue. B.C, RESOLUTION NO. 57-I0: ABANDONMENT OF RIGHT-OF-WAY FOR DELRAY ELEVEN: Approve Resolution No. 57-10 abandoning a portion of a 16' north-south alley within Black 11, Osceola Park, located midway between S.E. 7th Street and S.E. 6th Street, for Delray Eleven. The caption of Resolution No. 57-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIBED IN EXHIBIT "A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA 3 10/OS/10 THEREOF AS MORE PARTICULARLY DESCRIBED HEREIN. office.) (The official copy of Resolution No. 57-10 is on file in the City Clerk's 1. ACCEPTANCE OF AN EASEMENT DEED/DELRAY ELEVEN: Approve and accept a 16' water and sewer easement deed within Block 11, Osceola Park, located midway between S.E. 7th Street and S.E. 6th Street, for Delray Eleven. 8.D. CONTRACT CLOSEOUT CHANGE ORDER N0.21FINAL 1 H & ,I CONTRACTING INC.: Approve a Contract Closeout (Change Order No. 21Final) in the amount of a $2,565.03 decrease and final payment amount of $45,460.00 to H & J Contracting, Lac. far the completion of Old School Square Park Phase I Project. Funding is available from 334-4151-572-63.59 {General Construction Fund: Improvements Other/Old School Square Parlc Improvements), 441-5161-536-6390 (Water/Sewer Fund: Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund: Other Improvements). 8.E. CONTRACT CLOSEOUT FINAL PAYMENT /THE GUARANTEE COMPANY OF NORTII AMERICA: Approve a Contract Closeout and Final Payment in the amount of $135,623.24 to The Guarantee Company of North America; the surety for H & D Construction Company, Inc., for the S.W. 14th Avenue Roadway, Alleys & Drainage Improvements project. Funding is available from 334-3162-541-68.05 (General Construction Fund: Other ImprovementlS.W. 14th Alley Improvements), 448- 5461-538-68.25 (Storm Water Utility Fund: Other Improvement/ S.W. 14`h Avenue- S.W. 2"`~ to S.W. lst) and 101-1969-541-68.25 (ARRA Economic Stimulus FD: Other Improvement/S.W. 14th Avenue- S.W. 2"d io S.W. 1st). S.F. ~ RESOLUTION NO. 58-10: Approve Resolution No. 58-10 assessing costs for abatement action required to remove nuisances on eight (8) properties throughout the City. The caption of Resolution No. 58-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH 4 10/05/10 ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUB7ECT PROPERTY FOR UNPAID ASSESSMENTS. office.) {The official copy of Resolution No. 58-10 is on file in the City Clerk's B.G. RESOLUTION NO. 59-10: Approve Resolution No. 59-10 supporting the Let's Move campaign. The caption of Resolution No. 59-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTS THE LET'S MOVE CAMPAIGN. (The official copy of Resolution No. 59-10 is on file in the City Clerk's 8.H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/l 1. S.I. AMENDMENT TO THE LICENSED USER AGREEMENTI TICKETMASTER L.L,C.: Approve an Amended Licensed User Agreement between the City and Ticketmaster L.L.C. for the resale of tickets for events at the Tennis Stadium. S..I. ANNUAL PROGRESS REPORTIFLOODPLAIN MANAGEMENT AND MITIGATION PLAN; Approve the Annual Progress Report on the Floodplain Management and Mitigation Plan for submittal to the Insurance Services Offices. B.K. SERVICE AUTHORIZATIONIGIL VALDES, INC.IHOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve a Service Authorization with tl~e vendor Gil Valdes, Inc., to increase funds in the amount of $15,000.00 for Home Inspection Professional Services to continue activities required under the Neighborhood Stabilization Program {NSPj contingent on approval by the Florida Department of Community Affairs. Funding is available frown 118-1935-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation) and 118-1934-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation). 5 10/05/10 S.L. D.U.Y. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $33,523.00 for funding for the Police Department's Driving Under the Influence (D.U.I.) program. Funding is available from 001-2115-521-12.10 (General Fund: Regular Salaries/Wages). B.M. GRANT AWARD/DEPARTMENT OF ENERGY/ LOCAL ENERGY ASSURANCE PLAN LEAP : Approve and accept the Local Energy Assurance Plan (LEAP) grant fram the Department of Energy in the amount of $130,000.00 which will provide funding for energy assurance planning and training. S.N. FIRST AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the First Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1St Street and East Atlantic Avenue to extend the time frame to obtain site plan certif cation by a period of six months. S.O. .SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held an October 30, 2010 from 1:30 p.m, until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.6(F) for the rolling closure of Atlantic Avenue from N.E. 2nd Avenue to Veterans Park, and staff support for traff c control, security, and barricading; contingent on the receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 25, 2010. S.P. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 5~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2010 through October 1, 2010. 8.R. AWARD OF BIDS AND CONTRACTS: 1, Contract award to Ovivo USA, LLC in the amount of $46,639.00 for removing and rebuilding the drive motor assembly on Clarif er #1 at the Water Treatment PIant. Funding is available from 442- 5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Other Machinery/Equipment). 2. Purchase award to Cartegraph Systems, Inc. in the amount of $33,650.00 for licensing, installation and training for the WORKdirector work order module of the Cartegraph asset management system. Funding is available from 441-5161-536- 66.10 (Water & Sewer Fund: BookslPublications/Software). 6 10/05/10 3. Purchase award to GameTime, a Playcare Campany in the amount of $77,992.19 for purchase and installation of a playground system at the Delray Beach Family Recreation & Fitness Center site. Funding is available from 334-4184-572-68.44 (General Construction Fund: Other Improvement/Family Recreation Playground Area). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA; 9.A.A. SPECIAL EVENT RE UEST/IIOLIDAY PAGEANT PARADE: Approve a special event request to endorse the Annual Holiday Pageant Parade co- sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 11, 2010 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street to N.W. 1st Avenue for the parade route and Lowry, Andrews and Atlantic for parade set up from approximately 4:00 p.m, to 6:00 p.m.. Commission is also requested to provide staff support for traffic control, security, EMS assistance, barricading, trash removal, clean up, event signage and processing of the FDOT street closure permit. Robert A. Barcinski, Assistant City Manager, stated this is a request for approval of the Holiday Pageant Parade co-sponsored by Parks and Recreation and the Chamber of Commerce. As requested by the City Commission, the start time has been moved to 6:00 p.m, with the City providing Police and Fire support, clean-up with the parade. Mr. Barcinski stated the City was asked not to line up on the side streets like Venetian in particular where the Seagate is, Mrs. Gray asked why the parade actually ends at N.W. 1 s~ Avenue and asked if there is any particular reason. Mr. Barcinski stated in the past it stopped at f rst because they tried to get the parade folks all the way down 1~t as you disband it. Mrs. Gray asked if the parade could extend the parade two blocks (to 3`d or 4~') to include the businesses west of Swinton Avenue. Mr. Barcinski stated if the Commission wishes to change that, then staff will work with it and noted that they may need to add a few more officers. The rest of the Commission concurred that they would support extending the parade two blocks. Mr. Frankel moved to approve /tern 9.A.A. {formerly Ilem B.P.) as amended, 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. 7 10/OS/10 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (SPRAB ITEM 8.Q.2. MAR_RIOTT EXPANSION EXTENSION; Accept the actions and decisions made by the Land Development Boards for the period September 20, 2010 through October 1, 2010. Mr. Eliopoulos declared a conflict of interest and stepped down from the dais. Mr. Frankel moved to approve Item 9.A,A.A. (f©rrr-erly Iterri 8.Q.2.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 4 to 0 vote. 9.A. THIS ITEM HAS BEEN WITHDRAWN PER THE APPLICANT'S REQUEST. At this point, Commissioner Eliopoulos returned to the dais. 9.B. WAIVER REQUEST/928 SEASAGE DRIVE: Consider a waiver request to reduce the sight v~szbility triangle requiremen ~~ ~ ~. ~~~..- -- t from ten feet (10') to two feet (2') for a clear line of sight between three feet (3') and six feet (b') within the area formed along both sides of the driveway intersecting the property line at 928 Seasage Drive, a proposed new single family residence within the North BeachlSeagate Overlay District. (Quad-Judicial Hearin Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi~~udicial items. Chevelle D. Nubia, 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 #2010-185 into the record. Mr. Darling stated this request involves 928 Seasage Drive and it is a waiver to the site visibility triangle that is required. There is a ten foot site visibility triangle at the 'driveways location as it intersects with Seasage Drive. Mr. Dorling stated the LDRs require it to be clear between three and six feet so that you can see dovsrn the street when you are sitting at that point. The required findings of LDR Section 2.4.7(B)(5) are made in the staff report. It is noted that there is almost a 14 foot separation between the roadway and the actual property line. Under these conditions, staff recommends approval of this waiver request. Mr. Dorling stated it is also Hated that this is a residential street and there is no widening anticipated in the future. 8 10/05/10 The applicant had no comments. 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. The City Attorney briefly reviewed the Board Order with the Commission who made fmdings according to their consensus (attached hereto is a copy and made an official part of the minutes}. Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by 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 D vote. 9.C. TEMPORARY PARKING LOT13G S.E. 2nd AVENUE: Consider approval of a temporary parking lot at 36 S.E. 2nd Avenue, located on the west side of S.E. 2nd Avenue, between East Atlantic Avenue and S.E. 1st Street.. (Quasi-JudiciaC 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 #2D10~192 into the record. Mr. Dorling stated this item is approval of a temporary parking lot for 36 S.E. 2"`~ Avenue located on the west side of S.E. 2na Avenue between East Atlantic Avenue and S.E. lit Street. This is 22 space temporary parking lot that is going to be located south of Worthing Place development. The LDRs allow temporary parking lots for a period up to three years with one year increments requiring a review and renewal each subsequent year. The design requirements are spelled out for temporary parking lots (normally the landscaping internal to the lot is not required} there is same reduced perimeter landscaping requirement and then there is the ability to provide a surface that is not permanent. Mr. Dorling stated in this case there is a desire to do a parking lot surface of recycled chipped asphalt and is normally not one of the surfaces allowed but it is an upgrade. All of the requirements of the temporary parking lot have been exceeded with this request. At its meeting of August 24, 2010, the Parking Management Advisory Board {PMAB} reviewed this item and the Board recommended approval; at its meeting of September 13, 2010, the Downtown Development Authority {DDA} reviewed this 9 10/05/10 item and recommended approval; at its meeting of August 26, 2010, the Community Redevelopment Agency {CRA} reviewed this item and recommended approval. Staff recommends approval subject to some conditions outlined in the staff report as it relates to providing some lighting and some revised notes on the landscape plan. Mr. Eliopoulos asked if this abuts up to the parking garage of Worthing Place development. Mr. Dorling stated this is for valet parking only associated with Worthing Park and it will be gated when it is not in use. For the record, Mr. Eliopoulos stated they had actually designed a building far that site for the developer years ago although it was never built. Mike Covelli, representing applicant, stated this will primarily be used for the valet parking that is within the Worthing Place building and noted it helps with the queuing and rather than going up through the parking garage they can go into that. Mayor McDuff e stated he understands there will be some restaurants coming in on the ground floor. Mr. Covelli stated there are same restaurants that will be on the ground floor and this will help with that. Mayor McDuff e asked if anyone from the public would like to speak in favor or in opposition of the temporary parking lot, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the temporary parking lot, the public hearing was closed. There was no cross-examination or rebuttal. Mayor McDuffie stated that there is no Board Order for this item. Mr. Fetzer moved to approve the temporary parking lot at 36 S.E. 2"d Avenue subject to the conditions, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. 1?rankel ~- Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.D. `CERTIFICATE OF APPROPRIATENESS AND SITE PLAN EXTENSION RE UEST/WAIVER RE UESTl36 S.E. 1st AVENUE; Consider a request to extend the certificate of appropriateness and site plan for twenty-four (24) months and a waiver request to Land Development Regulations (LDR) Section ~1.5.1(E)(8)(aj3.a, "Upper Story Height" to allow an increase of the maximum upper story height from twelve feet (12') to fourteen feet (14') for the property located at 36 S.E. 1st Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffe asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 10 10/05/10 Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2008-064 into the record. Mr. Dorling stated this is a request fora 24-month extension for a development which was proposed at this location and it was where asingle-family home existed and is being relocated from the site. He stated it was approved for an office building which had parking on the ground floor and the underground parking came out onto to alley. Mr. Dorling stated because of the economy this has not been constructed and they are in for bath an extension of the COA (Certificate of Appropriateness) and the Class V site plan modification. Mr. Dorling stated this item was actually approved by the City Commission on an appeal of an HPB denial which was heard on August 19, 2008. The LDRs talk about required Endings that need to be made and for projects that have not begun construction it requires that we look at and evaluate new land development regulations that have been implemented since the initial approval. Mr. Darling stated design guideline changes were made to the CBD (Central Business District) and subsequently does not meet one of those new codes so staff is also requesting a waiver at this time to that particular code section. Mr. Dorling stated that relates to a requirement that the upper story height be a maximum of 14 feet. He stated there are a couple of outstanding conditions of approval that need to be continued with this development as it relates to right-of way dedications for 15t Avenue and a two foot dedication for the alley. There is also a revised photametric plan which needs to be addressed with a re-submittal if this is approved and extended. Staff recommends the extension of both the COA and the Class V site plan medication subject to those original dedications and a photometric plan; and, apptoval to the waiver to the section as it relates to the upper height floor that is changed since it was originally approved. The applicant had no comments. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the Certificate of Appropriateness and Site Plan Extension Request/Waiver Request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the COA and the Site Plan Extension Request/Waiver Request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made f ndings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented subject to the previous conditional use approvals to be valid until August 19, 20 i 2 subject to the conditions listed in the staff report, secanded by Mrs. Gray. 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. 11 10/05/10 9.E. _WAIVER REQUEST/511 SOUTH OCEAN BOULEVARD: Consider a waiver request to reduce the required sight visibility triangle from 10' to 4'2" for a clear line of sight between three feet (3') and six feet (6') in the area formed along both sides of the driveway intersecting the property line at S 11 South Ocean Boulevard for a proposed new single family residence within the Ocean Overlay District. (Quasi-Judicial Hearingl 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 #2010-169 into the record. Mr. Dorling stated this is a waiver to reduce the required site visibility triangle from 10 feet to 4 feet 2 inches as it relates to a clear line of site between 3 and 6 feet within that 10 foot site visibility triangle, Mr. Dorling stated the waiver request Endings under LDR Section 2.4.7(B)(5) are discussed in the staff report and this is far a piece of property that is being developed on the east side of A-1-A south of Casuarina Road. Mr. Dorling stated there are no future plans for widening of the road and staff recommends approval of the waiver. G r Stofft, Randall Stolft Architects, stated it is 34 feet from the property line to the edge of pavement. Mayor McDuffie stated if anyone from the public who wished to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made f ndings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by 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 5 to 0 vote. 12 10/05/10 9.F. WAIVER REOUESTSIS'7 S.W. 5•rrr AVENUE PUBLIC PARKING LOT: Consider three waiver requests: to allow 23 feet where 24 feet minimum aisle width is required, to allow zero feet (0') to three feet, four and one half inches (3' 4'/2") landscape buffer where five feet (5') is required, and to allow seven feet (7') where twenty feet (20') of stacking is required for 57 S.W. 5th Avenue Public Parking Lot. (Quasi-Judicial Hearing} Chevelle D. Nubia, 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, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-195 into the record. Mr. Dorling stated this is for a public parking lot which is going to be constructed by the Community Redevelopment Agency (CRA) between S.W. 4th Avenue and S. W. 5th Avenue and would have access on both of those streets. This involves three waivers; one of those is to the minimum width of the drive aisle required to be 24 feet and it is actually 23 feet; a waiver to the landscape buffers which are required to be 5 feet; and the third waiver relates to stacking distance and there is a requirement where there are parking lots that are over 20 spaces and requirement fora 20 foot setback before the first parking space is seven feet. Mr. Dorling stated with respect to the landscaping and the width of the drive aisle this is minimal distance of 50 feet and there is some conflict between providing that pavement and providing the required landscape strip so this is a compromise between the two providing adequate dimensions in both cases. At its meeting of September 22, 2p10, the Site Plan Review and Appearance Board reviewed the three waivers in conjunction with the Class V Site Plan and the Board recommended approval of all three waivers. Staff recommends approval of all three waivers. Jeff Costello C©mmuni Redevelo meet A enc CRA stated the parking lot is being provided pursuant to the Downtown Master PIan/West Atlantic Avenue Redevelopment Plan and it will serve the area business and residents. Mr. Costello stated this will enable to maximum the spaces on the lat. Mayor McDuffie stated if anyone frorrz the public would like to speak in favor ar in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination or rebuttal. 13 10/05/10 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. Frankel moved to adopt the Board Order as presented, 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. 9.G. CONDIITIONAL USE RE VEST/GEIt1VIAN AUTO WORLD ING: Consider a conditional use request to allow establishment of an automobile body, paint and repair shop far German Auto World, Inc, to occupy 9,075 sq. ft. of a multiple tenant building fronting on West Atlantic Avenue and a 4,$48 sq. ft. existing warehouse building located in the rear, at 2175 West Atlantic Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel, Mrs. Gray, Mayor McDuffie, and Mr. Eliopoulos had no ex pane communications to disclose. Mx. Fetzer stated he spoke to former Commission Bob Costin on this issue who supparted it. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010-133 into the record. Mr. Dorling stated this is a conditional use to establish and auto body paint and repair facility at 2175 West Atlantic Avenue which is on the north side of West Atlantic Avenue just west of Congress Avenue. This is a request to occupy two buildings on this site; there is a building in the front which is approximately 1$,$16 square feet and they will occupy half of that building {9,075 square feet) and they will be occupying the entire building in the rear which would be the lacation of the paint facility. Mr. Dorling stated this will have a maximum of six (6) employees three (3) in the office and three (3) which will be doing the auto repair. The operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and the operation will be closed on Saturdays and Sundays. Mr. Dorling stated there was a significant review done as it related to the required parking and the change of use. He stated this does meet the parking requirements and there are going to be some parking and storage of vehicles internal to the buildings and those have been aceornmodated through the related site plan submittals. Mr. Dorling stated there is some upgrading of the site that will need to be done as part of the follow-up site plan if this conditional use is approved and those are attached as conditions of approval. At its meeting of September 20, 2010, the Planning and Zoning Board considered the conditional use and recommended approval subject to conditions as listed on page two of the City Commission memo. Mr. Darling stated the last condition listed "That all improvements required under this conditional use approval and the associated 14 10/OS/10 site plan modification be completed within six (6} months. If those improvements are note completed, this conditional use approval will not be considered legally established." Mr. Dorling stated the reason this condition was added in this ease because this applicant came in and established the use unaware that there was a conditional use required. Nicholas Carm, CSM Contracting, stated most of the cars are high-end everything is going to be in the back inside or out of sight of any traffic or anybody. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, the public hearing was open. There being no one from the public who wished to address the Commission regarding the conditional use request, the public hearing was closed. There was no cross-examination or rebuttal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order (approving the conditional use request subject to the conditions attached in Exhibit "A"}, 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 D vote. 4.H. RE VEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE SITE: Consider approval of a request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square. Robert A. Barcinski, Assistant City Manager, stated this is a request received from Reverend Kathleen Gannon to allow them to install a Nativity Creche in the vicinity of the Christmas tree particularly the S.E. quadrant on the grounds at Old School Square and they will buy, own, install, store, and maintain the creche. Mr. Barcinski stated the Corramission should have received additional information that the City Attorney has sent out due to some questions that have arisen. Mr. Barcinski stated he promised the donor of the Menorah that he would repeat his statement to him which was that he supports this and has no problem as long as there is no cross or star on the creche. Reverend Kathleen Gannon, St. Paul's Episcopal Church, stated Sandy Simon of St. Paul's Episcopal Church and Reverend Chip Stokes bath had hoped to be here this evening but they are in other places and want to add their endorsement to this as well. Mr. Barcinski stated staff will work with them in terms of location and size. 15 10/05/10 Menorah, Mr. Frankel supports this as long as it is the same standard as the Mrs. Gray moved to approve the request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square, 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 5 to 0 vote. 9_I. PARKS AND RECREATION FEES: Consider approval to change facility and field fees for Parks and Recreation for FY 2010-2011. Linda Karch, Director of Parks and Recreation, stated staff previously discussed changes to the Parks and Recreation fees structure and after much discussion and consideration the Parks and Recreation Department has decided to limit the number of changes as outlined on the revised chart. Mrs, Karch stated they are going back to the maximum of three hours per room rental for the general public. Staff has included meetings for homeowners' associations, clubs, organizations, community and civic groups to change that to $10.00 a meeting with a maximum of two hours; the afterhours supervisor fee will be $30.00 an hour and the setup fee will be eliminated; the pool skate park gymnasium fees will be changed as shown in the chart; eliminating the recommendation of the per head fee for participants and staff will be coming before the Commission with a proposal with the Delray Beach Athletic Club about the Seacrest Soccer Complex Maintenance Agreement and that will be coming before the Commission at the Workshop meeting of October 12, 2010; tournament fees will be $100.00 per team. for non-city sports providers and the home league and the tournament host split the proceeds of the concessions sales to 60% for the home leagues and 40°/© for the tournament host and there will be an additional charge far lining the fields for non- city sports providers. Mrs. Gray stated the participation fees staff decided not to pass those along but if the City does not come up with an agreement with the Delray Beach Athletic Club for the maintenance of the field what would happen. Mrs. Karch stated she does not recommend instituting it this year. Mr. Eliopoulos moved to approve the Parks and Recreation fees, seconded by Mrs. Gray. 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. 9.J. 'OFFER AN EARLY RETIREMENT INCENTIVE FOR 1VIEMBERS OF THE GENERAL EIVIPLOYEE'S PENSION PLAN: Consider approval to offer the early retirement incentive to members of General Employees Pension Plan. The City Manager stated when staff went through the budget this year there was discussion about the possibility of offering an early retirement incentive for 16 10105/ 10 general employees. The City Manager stated the early retirement incentive for general employees is that they can retire up to two years early and not have their retirement benefit actuarially reduced. The City Manager stated 41 employees are eligible and if half of thane were to retire the required contribution would increase $172,785.00 but the salary costs would go down approximately $251,107.00. He stated the contribution increase would only be for five years and the cost would be paid off in the five year period and he savings would be significantly larger and that is on the assumption that if you replaced all these people at the entry level. The City Manager stated any positions that open up staff will look at them and if possible not replace them and leave them open. Staff recommends that the Commission authorize staff to go ahead and offer the early retirement incentive to the general employees. Mr. Frankel moved to approve the early retirement incentive to members of the General Employees Pension Plan, 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. 9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1}regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3}. Mr. Frankel moved to appoint Guan Sims as a regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014, 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. 9.L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1}regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5}. Mayor McDuff e moved to appoint Annette Smith as a regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2012. Mr. Frankel so moved, 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 S to 0 vote. At this point, the time being 6:4b p.m., the Commission moved to Item 11, C©mments and Inquiries on Non-Agenda items from the City Manager and the Public. 11.A. Ci Mana er's res onse t© riot ublic comments and in uiries. The City Manager stated at the last meeting Pauline Moody again had brought up an issue about broken up concrete debris off S.W. 10~' Street. The City 17 10/05/10 Manager stated what Ms. Moody is actually talking about is on the CSX right-of--way; however, in contacting them they have said that it is not their responsibility. The City believes that it was put there by FPL and staff has been in-touch with them and if the City cannot get FPL to move the debris, the City will clean it up and send them a bill for it. 11.B. From the Public. 11.8.1. Clifford Wri ht 3930 Lo~uvson Boulevard Delra Beaeh FL 33445 stated there was a newspaper article that was published in the Sun-Sentinel Sunday regarding the City Manager's comment about this report regarding the Auburn Trace Local Hiring Practices, etc. Mr. Wright stated he has not seen a report yet and at the last meeting the commitment was made that they would have that report on September 27, 2010. Mr. Wright stated in the newspaper article it stated that neither the City Manager nor Lula Butler could find the telephone number and noted he found this disturbing considering the fact that this is a $27 million project and he was able to obtain the telephone number. Mr. Wright stated Mayor McDuffie, Commissioner Gray, and Commissioner Frankel made an oral commitment to the community with a 3 to 2 vote that this project would bring local jobs. 11.B.2. Dr. Victor Kirsore, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 Tierra Verde at Delra Beaeh commented on the~~ ~~ crime statistics in Delray Beach and stated the violent crime comparison per 1,000 residents national median is 4.7 and Delray Beach is 11.21; property crime rate comparison per 1,000 residents national median is 3S; Delray Beach is; crime index per 100 cities with 100 being the safest Delray Beach is 6. Dr. Kirson stated this information came from the PBA (Police Benevolent Association) which is a company that keeps national statistics on crime. He stated there still seems to be two issues: whether to give Police and Fire 12 days a year furlough and whether to lower their hours from 84 to 80. 11.B.3. Alan Schreier President of Auburn Grou 777 East Atlantic Avenue Delrav Beach, FL 33483 stated he has been in the affordable housing industry for 35 years and the frst 12 years of his career he was in public local government and Palm Beach County government and towards the end of his career he was the Executive Director of Housing & Community Development. Mr. Schreier stated during his 35 years in local government he has seen, witnessed, and have had to implement various local hiring practices, various public work projects and public work developments. Mr. Schreier stated it is an ambitious goal for an employer to implement in Palm Beach County. It is a 15% requirement and for the School Board it is a 20% requirement to have local subcontractors, minorities, as well as women businesses to actually work and participate within the development and/or projects that are going an. Mr. Schreier stated in his 3S years in this industry without a mandate from any local government or from the funding sources the Auburn Group has far exceeded any goal in hiring local subcontractors, kids from the neighborhood, and try to develop a program where the children could go back out and have a vocation that they could have a career later on in life. Mr. Schreier stated the reason the Auburn Group has undertaken this program is because of their commitment to Delray Beach and they want to be part of watching the i8 10/05/10 youth of the community have Borne type of career as they mature through life. 11.B.4. Staci Thirlwell, 4552 N.W. 60th Street, Coconut Creek, FL, stated she is the General Contractor that is contracted with the Auburn Group for the Villages at Delray project and they have made every effort to hire Delray subcontractors as well as subcontractors from Palm Beach County. Ms. Thirlwell stated at this time they have five Delray subcontractors who have been awarded a contract on the Villages at Delray project. She stated they have an additional subcontractor who is a sub underneath another sub who is a Delray subcontractor as well as two service subcontractors. In addition, Ms. Thirlwell stated they have also hired three Palm Beach subcontractors and three service subcontractors for the Villages of Delray project. She stated she has been assisting the Auburn Group with hiring from the local community and they have a program where we are giving youth as well as other residents of the Delray community an opportunity to work on this project to learn more about construction. Ms. Thirlwell stated she mentors high school students in a program called ACE Mentor Program and there is also a program at Atlantic High School. She stated she mentors at Plantation High School. Ms. Thirlwell stated she has been overseeing the project and they have appreciated their opportunity because they are learning hands on construction which will be very helpful for them in the future as well as for the industry. She stated they have actually hired two individuals from this program that Auburn has headed up. 11.B.5. Ages Dort, Jr., 13th Street, Delray Beach, stated he has been employed with G Drywall for approximately five days and is glad for the opportunity. 11.B.G. Allante Johnson 6th Avenue Delra Beach resident of Delray Beach for 22 years, stated he is employed by Dual Air and is looking forward to starting. 11.B.'1. Renoit Achille, Delray Beach resident, works for Dual Air and has not ,„ started yet. 1LB.8. Steve Jones, General _Mana~er. of Dual Air Services, stated they have not gotten to the point in the project yet where they have started interior trades as far as installing duct work, etc. Mr. Jones stated the two previous speakers are slated to start in the next two weeks. He stated as a company he really thinks highly of this concept. Mr. Jones stated he was given a chance 18 years ago right out of the military with really no skill or trade and was brought in and sent to an air conditioning school and learned the trade and has been doing it ever since. Mr. Jones stated they are a Delray Beach based contractor and have been in Delray Beach for over 18 years. He stated it is a good opportunity for someone to learn along-term trade that can benefit them for the rest of their life. Mr. Frankel stated that Mr. Jones commented that somebody brought this opportunity to his company and asked him to expand on that. Mr. Jones stated when he got out of the military he had no job skills and was approached by a company at a job fair. Mr. Jones stated he interviewed and met up with an air conditioning company. Mr. Janes stated before the project ever started it was a brought up that they wanted to bring 19 10/05/10 local people in and give them a trade and a skill to learn. -Mrs. Gray asked what would happen to the new hires once this project is completed. Mr. Jones stated they would go on to continue to work with his company. Mr. Jones stated they are investing time and money into these employees to train them and besides working and benefiting his company they are investing a lot of money and time into them as well. 11.B.9. Christo her Williams resident of Delra Beach for 22 ears works as an electrician. 11.B.10. David Ha es has lived ~n Delra Beach„ f ,, y ~ v or„ 30.years (3"~ Avenne), has been working far Wigintan Fire Systems for three weeks and is happy for the opportunity. 11.B.11. Hector with Wi~inton Fire,Systems, stated Wiginton is fortunate to have brought someone in as well as Mr. Hayes. He stated they have great benefits as far as apprenticeships, etc. 11.B.12. Hen Reeves 915 Auburn Circle North Delra Beach FL stated he is glad he has the opportunity to prove himself through Tied Right Steel. 11.B,13. .1osh Hendersonn, representative of Tied Right Steel, stated outside of work he is a youth pastor and he feels that a„ ,.,., nytime anyone is willing to give a youth an opportunity to learn a trade that they can take throughout their lives to make a living for their family is a wonderful idea. Mrs. Gray asked what the age groups of these young men are. Mr. Henderson stated anywhere from age 18-30 and the man that works for him is actually in his forties. 11.8.14. Tony Mitchell, l9t Streets. Delray Beach, FL, stated he is 21 years old and works far Hatcher Construction Company. 11.B.15. Jeff Hatcher, H Construction, stated he is glad to give Mr. _atcher , ,,,, Mitchell the opportunity to work for Hatcher Construction and noted that he is learning different trade's such as steel tying, seeing the block masons do work, and the roofers are working with trusses. Mr. Hatcher stated if Mr. Mitchell is interested in staying with a trade then Hatcher Construction will try to work with him as long as he is interested in it. 11.B.16. Tomm Ha es resident of Delra Beach lst Street works for CVS Construction. 11.B.17. ame Unknown), resident of Delray Beach for 15 years and he is a carpenter. ~. 20 10/05/10 11.B.18. DeJeff Noel, stated he is 22 years old and works for Ridgeway Plumbing and feels this is a great opportunity that the Auburn Group is doing. Mrs. Gray asked Mr. Noel if he was working prior to this. Mr. Noel stated he was working at Wal-mart and wanted to take classes but was not sure what he wanted to do. Mr. Noel stated the opportunity with the Auburn Group is something he feels he wants to go forward with. 11.B.19. Jim Howard Rid ewa Plumbin located in Bo nton Beach stated Mr. Noel has- been working for Ridgeway Plumbing for approxirr~ately one week. Mr. Howard stated Ridgeway Plumbing has been involved with this mentoring program and he has worked with Staci Thirlwell mentoring at Plantation High School last year. Mr. Howard stated Ridgeway Plumbing has been heavily involved in the apprenticeship programs in Palm Beach County and Broward County and they have sponsored numerous individuals through the apprenticeship program. Mr. Howard stated Ridgeway Plumbing also has an in-house program that they utilize to engage the inexperienced and youth in the communities and train them in the program to utilize them as long-term employees. Mr. Howard stated Ridgeway Plumbing is located in Boynton Beach and they currently employ 10-15% of their workforce who live and work in and around Delray Beach. Mr. Howard stated they appreciate the efforts the City has put forth in working with this program and helping them make it succeed. ll.B.20. Yves Welgot, resident of Delray Beach, stated he works with Willard and Scott as an electrician. ~ ~ ~~ ll.B.21. Glen Willard, owner of Willard and Sons EIectrie, stated because of his experience Yves has been hired as a supervisor to oversee the decks. Mr. Willard stated programs like these are great because it gives them the chance to hire young guys and gives them an opportunity. 11.B.22. Gr_ e~ Douglas, Proiect Manager„for Hardrives Paving, stated they will be working as a subcontractor and stated this is an opportunity to give people of any age to learn a life 5lcill. 11.B.23. Ann Stace Wri ht with the Atlantic Park Gardens Nei hborhoad Association the S.W. Nei hborhood Alliance alon with the NW/SW Coalition stated she has worked in her community for over 3 5 years and stated she was present at the meetings when the Auburn Group talked about getting labor. Ms. Wright stated she commends the Auburn Group for bringing in these young men to speak but she does not feel that the Auburn Group really did what they said they were going to do. Ms. Wright asked when were these job opportunities given to the community and stated she knows there are local contractors that are qualif ed just as well. Mrs. Gray stated the Auburn Group has given not only young men jobs but they have given older people jobs with experience as well. Mrs. Gray asked Ms, Wright to clarify what she means. Ms. Wright stated Auburn Group has gone out and got 21 10/05/10 some people to bring to the Commission meeting to speak to make them look good. 11.B.24. Cit® Be~~tiristain, Auburn Develapment, 777 East Atlantic Avenue, --~ ~- Delray_Beach, F1, 33483, stated he is proud to work for Tom and Brian Hinners and Auburn Development and to be a part of Delray Beach. Mr. Beguiristain stated there were no conditions placed on them by any of their financing or their approvals to make an effort to hire from Delray Beach and there were no conditions of their financing that said they had to hire Delray Beaeh/Palm Beach County subcontractors. However, Mr. Beguiristain stated there was a commitment by the Auburn Group to do that. Mr. Beguiristain stated former Commissioner Alberta McCarthy, Andre Fladell, Commissioner Gray and others spoke to them about the need to create jobs in Delray Beach and Ms. McCarthy specifically came up with the concept about eight months ago regarding the idea of trying to hire apprentices from the neighborhood in addition to hiring subcontractors from the neighborhood. Mr. Beguiristain stated Auburn felt that this would be a great opportunity to make sure that the people in attendance this evening and additional people that will be hired in the fiiture that they be given an opportunity. Mr. Beguiristain stated they started off with a goal eight manths ago of approximately 20 people with a goal of 12 people making it through and they have achieved their goals. He stated they have put these people in safety training classes, OSHA (Occupational Safety and Health Administration} certified classes, and had them get physical exams that Auburn paid for. Mr. Beguiristain stated these individuals had a chance to interview with each of the subcontractors and noted that 13 subs applied for projects in Delray Beach; 5 of the subs wlio bid for contracts received contracts and an additional 3 subs were hired from Palm Beach County. He stated outside of Palm Beach County 133 subs applied and only 6 received contracts. Therefore, Mr. Beguiristain stated 1 out of 3 Delray Beach companies that applied for a subcontract received a contract and over 57% of the contracts that have been awarded so far are Delray Beach and Palm Beach County contracts; 21.42% of those contracts (3 out of the current 14 contracts) are minority and woman owned business enterprises. Mr. Beguiristain stated they have done something called the "double bottom line" which is the bottom line of this development but the double bottom line of helping out the community, creating jobs, and keeping their commitment that they would make an extra commitment to hire people from Delray Beach when possible. 11.B.25. Brian Hinners 415 N,W. 12~h Street Delra Beach FL 33444 stated when they set out to build the Village at Delray their premise has been that they would make a commitment to the community. Mr. Hinners stated he has lived and worked here for over 20 years and they are committed to Delray Beach and they did want to hire people from firms from Delray Beach, and people that live in Delray Beach because they knew that this would be a better development and a better place to live and work if the neighborhood would benefit from the economic stimulus that would be brought about by this construction. Mr. Hinners stated when they hired Current Builders and interviewed other builders to be their General Contractor they were mast impressed by Current Builders because they had mentoring programs, hired from the local communities, they mentored with youth in the high schools and gave OSHA training to kids. Mr. Hinners stated they intend to hire more people from the community and as they continue with 22 10/05/10 construction there is going to be more opportunities and more finished trades will be coming in and there will be a huge economic development for Delray Beach. Mr. Hinners distributed the report regarding the hiring practices. Mayor McDuffie stated at the last meeting someone from the public stated he walked in the trailer and was turned away and was informed there were no jobs. Mr. Hinners stated they are taking everyone's information as they come in and if an opportunity opens up for them they will make that available to them and noted that nobody is being turned away. ll.B.26. Alberta 1V1cCarth 2845 S.W. 22°`~ Avenue Delra Beach FL 33445 stated it has been eight months that this program has initially been put in place and during that period of time there have been over 26 young men who were signed up, told what was coming, and were waiting for this to come to fruition. Ms. McCarthy stated four of those young men have gone on to college and have been accepted and some of them got jobs. With regard to people who have been walking into the trailer and asking for jobs, Ms. McCarthy stated they have over five pages of people who have submitted their names, contact information, address, and a valid phone number. Ms. McCarthy stated in construction it goes in phases and there are some jabs that have already been completed and fulfilled and there are others that will be coming as the need requires. Ms. McCarthy stated she has gone out to the site and stated these are real citizens of the community who are employed. 11.B.27. Andre Fladell 3837 Sherw©©d Boa~levard Delra Beach FL 33445 lived in Delra Beach for over 30 ears stated he is very familiar with Delray's working and the streets. Mr. Fladell stated he reached out to people who have been his patients for years and members of the community both Haitian and African-American and asked them if they knew anyone that would look for a job and if they were interested in learning a trade. Mr. Fladell stated he and Ms. McCarthy worked together to reach out to the community and it was their interest to teach young people a profession not give someone a job for an hour. Mr, f'ladell stated theix goal was to try and give them at least a dozen kids an opportunity to have a lifetime career and Mr. Beguiristain and Mr. Hinners were all for it. At this point, the time being 7:38 p.m., the Cornmission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC ~IEARINGS: 10.A. ORDINANCE NO. 23-10 SECOND READING/SECOND PUBLIC HEARING : Consider a city initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", 23 10/05/10 Subsection (E) "Conditional Uses and Structures Allowed" to allow LivelWork units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". office.} The caption of Ordinance No. 23-10 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, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION (KKK) TO ESTABLISH REGULATIONS FOR LIVEIWORK UNITS; BY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC} DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.13, "CENTRAL BUSINESS {CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (E}, "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LIVE/WORK UNITS AS A CONDITIONAL USE; AND BY AMENDING APPENDIX A, "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE/WORK UNIT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 23-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Directox of Planning and Zoning, stated this ordinance modifies the definition of live/work unit and allows the use as a conditional use in specific zoning districts (Planned Commercial District, Central Business District, Central Business District-Railroad Corridor, and Mixed Residential Office and Commercial). Mr. Dorling stated there are some special regulations that are being implemented as part of that and it requires the occupant of the residential unit to be the proprietor or owner of the business; it allows only one additional employee and it must be a unit that faces a public or private street with available on-street parking because this type of conversion will not require any specific parking and it is assumed that it will 24 10/05/10 utilize the on-street parking that is available next to it. Also, it shall not exceed 200 square feet of net area and when this came before the Commission on first reading there was a question as to what that net area encompassed. The definition has been revised to 6e consistent with areas that do not include storage, bathrooms, etc. The hours of operation worild be limited so that we maintain a residential character from 8:00 a.m. - 6:00 p.m. and deliveries would be limited from 9:00 a.m. - 6:00 p.m. and non-residential uses creating industrial type impacts would be prohibited. At its meeting of August 17, 2010, the City Commission tabled this item because of the net area and it came back to the Commission with the version that addressed the net area more specifically on first reading September 7, 2010. Mr. Dorling stated it was originally scheduled for the City Commission meeting of September 21, 2010 and there was a glitch in the advertising so rt is now before the Commission for second and final reading; at its meeting of July 7, 2010, the Pineapple Grove Main Street Board recommended approval; at its meeting of July 8, 2010, the Community Redevelopment Agency recommended approval; at its meeting of July 12, 2010, the Downtown Development Authority recommended approval; at its meeting of July 13, 2010, the West Atlantic Redevelopment Coalition recommended approval; at its meeting of July 19, 2010, the Planning and Zoning Board. Staff recommends approval. Mayor McDuffe declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 23-10, the public hearing was closed. Mr. Eliopoulos moved to adapt Ordinance No. 23-10 on Second and FINAL Reading, 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 5 to 0 vote. 1U.B. ORDINANCE NO. 25-10 _(FIRST READING/I'IRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations {LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection {T), "Family Day Care" and enacting a new Subsection (TT}, "Large Family Child Care Home"; amending Subsection (C}, "Accessory Uses and Structures Permitted" and Subsection {D}, "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential {R-1} Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential {RM} District", Section 4.4.7, "Planned Residential Development {PRD} District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD}"; amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-subsection (3), Four Corners Overlay District; amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (C}, "Accessory Uses and Structures Permitted" and Subsection {E), "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations {LDR) to comport with changes in state law; amending Appendix A, 25 10/05/10 "Defnitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". If passed, a second public hearing will be held on October 19, 2010. The caption of Ordinance No. 25-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION {T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION {TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C}, "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D}, "CONDITIONAL USES AND STRUCTURES 'ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1} DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL {RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM} DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT {PRD} DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL {GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION {G), "SUPPLEMENTAL REGULATIONS", SUB- SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC} DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E}, "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING A NEW DEFINITION, "LARGE FAMILY CHILD CARE HOME"; PROVIDING A SAVING CLAUSE, A 26 10/05/10 . GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 25-10 is on fle in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to add large family child care homes as a conditional use in the specific zoning districts which are identified in the agenda backup which includes residential districts and some commercial districts. Mr. Dorling stated this is to respond to recent legislative changes to Florida Statutes HB 1045 -specific to Palm Beach County became effective on May 26, 2010. The amendment increases the limit on the number of children. allowed in a Family Day Care Home from five (5) to six (6) and introduced the Family Child Care Home category. Mr. Dorling stated it is subject to a conditional use approval and similar special regulations that apply to regular day care when dealing with the larger number of children as well as special provisions that are identified in House Bill 1045. At its meeting of August 23, 2010, the Planning and Zoning Board recommended approval with a 5 to 1 vote. Staff recommends approval. Mayor McDuffie declared the public hearing open. There being na one from the public who wished to address the Commission regarding Ordinance No. 25-10, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 25-10 on First Reading/First Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer- Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 35-10 FIRST READINGIFIRST PUBLIC HEARING): Consider a city initiated amendment to Land Development Regulations (LDR) replacing several references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". If passed, a second public hearing will be held on October 19, 2010. The caption of Ordinance No. 35-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.4.9, 27 10/05/10 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC} DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 35-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, MCP, Director of Planning and Zoning, stated this ordinance provides that consistent reference to the term "pharmacies" throughout the LDRs. Mr. Dorling stated in the current LDRs the actual word "pharmacy" occurs only in the PCC (Planned Commerce Center) District. Mr. Dorling stated other zoning districts allow pharmacies but refer to them as medicines, prescriptions, drugs, medicines, and drug stores. Therefore, Mr. Dorling stated staff is changing them all to reflect a designation of pharmacy. At its meeting of September 20, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 35-10, the public hearing was closed. Mrs. Gray moved to approve Ordinance No. 35-10 on First Reading/First Public Hearing, seconded by Mr. Frankel. 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. 28 10/05/10 10.D. ORDINANCE NO. 36-10 (FIRST READING/FIR~T PUBI..IC HEARING): Consider a city initiated amendment to the Land Development Regulations (CDR) Section 4.3.3 (CELL), "Pharmacies", to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". If passed, a second public hearing will be held on October 19, 2010. office.) The caption of Ordinance No. 36-I O is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-IO is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance is to clean up some potential loopholes. Mr. Dorling stated the City prohibited the dispensing of Schedule II drugs and any prescription drugs at professional business offices. He stated this is to further add to the category "medical clinics" to avoid an issue of somebody making an argument that they are a medical clinic and therefore not subject to the dispensing restrictions. At its meeting of September 20, 2010, the Planning and Zoning Board considered this ordinance and recommended approval with a 7 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36-10, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 36-10 on First Reading/First Public Hearing, 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. 29 10/05/10 10.E. ORDINANCE NO. 31-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", by amending Section 35.014, "Preferential Bonus Points", in order to update the City's Code. The caption of Ordinance No. 31-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" BY AMENDING SECTION 3 5.014, "PREFERENTIAL BONUS POINTS" IN ORDER TO UPDATE THE CITY'S CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-10 is on file in the City Clerk's office.} The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the changes were made in this ordinance to comply with changes in Federal law. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 31-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 31-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Corr~mission 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. 10.F. ORDINANCE NO. 33-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.089, "Definitions", to provide revised definitions of "Final Monthly Compensation" and "Normal Retirement Date"; amending Section 35.095, "Contributions of Participant and City", Subsection {A}, "Participant's Contribution Account", to provide for a change in the contribution amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", Subsection (A), "Normal Retirement Income", to change the normal form of retirement to life annuity; amending Subsection (C), "Disability Retirement and Retirement Income", Paragraph (5); Subparagraph (A), "Monthly Income Payable", Sub-subparagraph (1), "Service-Connected Disability", to modify disability average monthly earnings; amending Subsection (D}, "Benefits Other Than on Retirement", Paragraph (2), "Benefit Payable in the Event of Participating Employee's Death On or Before the Normal 30 l 0105/10 Retirement Date", Subparagraph {A}, "Death Benefit--Service-Connected Death", to modify the monthly income General Employees Pension. office.) The caption of Ordinance No. 33-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.089, "DEFINITIONS", TO PROVIDE REVISED DEFINITIONS OF "FINAL MONTHLY COMPENSATION" AND "NORMAL RETIREMENT DATE"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR A CHANGE IN THE CONTRIBUTION AMOUNT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION (A), "NORMAL RETIREMENT INCOME", TO CHANGE THE NORMAL FORM OF RETIREMENT TO LIFE ANNUITY; AMENDING SUBSECTION (C}, "DISABILITY RETIREMENT AND RETIREMENT INCOME", PARAGRAPH (5}, "DISABILITY RETIREMENT INCOME", SUBPARAGRAPH(A), "MONTHLY INCOME PAYABLE", SUB-SUBPARAGRAPH (1}, "SERVICE- CONNECTED DISABILITY", TO MODIFY DISABILITY AVERAGE MONTHLY EARNINGS; AMENDING SUBSECTION (D}, "BENEFITS OTHER THAN ON RETIREMENT", PARAGRAPH (2), "BENEFIT PAYABLE IN THE EVENT OF PARTICIPATING EMPLOYEE'S DEATH ON OR BEFORE THE NORMAL RETIREMENT DATE", SUBPARAGRAPH (a}, "DEATH BENEFIT--SERVICE- CONNECTED DEATH", TO MODIFY THE MONTHLY INCOME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-IO is an file in the City Cler1C's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 31 10/05/10 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No, 33-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 33-10 on Second and FINAL Reading, 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. At this point, the time being 7:53 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE N0.34-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodation" procedures. If passed, a public hearing will 6e held on October 19, 2010. The caption of Ordinance No. 34-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", BY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5}, "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONABLE ACCOMMODATION REQUESTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. {The official copy of Ordinance No. 34-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs that will clarify the procedures regarding reasonable accommodation requests. Mr. Dorling stated the current language in the Code requires notice and a public hearing to receive comments, input, and information from the public regarding requests for reasonable accommodations before such reasonable accommodations can be considered and acted upon. The intent of the reasonable 32 10/05/10 accommodation request is to not impose an inordinate burden on persons with disabilities and to comport with this intent, this notice and public hearing requirement should not be imposed. This amendment removes the requirement for notice and public hearing. At its meeting of September 20, 2010, the Planning and Zoning Board considered this item and recommended approval with a 7 to 0 vote. Mrs. Gray moved to approve Ordinance No. 34-10 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. 12.5. ORDNANCE NO. 37-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. If passed, a public hearing will be held on October 19, 2010. The caption of Ordinance No. 37-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE"; TO PROVIDE CLARIFICATION ON SIDEWALK CAFES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorlixzg, AICP, Director of Planning and Zoning, stated this is a city- initiated amendment to the LDRs that will modify and provide additional clarification to the use of sidewalk cafes. Mr. Dorling stated the modifications provide additional clarifications to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes and outline certain operational functions that are prohibited within outside sidewalk cafe areas. Mr. Dorling stated it also increases the application, permit and penalty fees. He stated it clarifies that retail businesses with food sales as an accessory use are not eligible for a sidewalk cafe permit. It also requires that food prep, trash receptacles, and cash registers are prohibited in the sidewalk cafe areas and expands the areas that sidewalk cafes can occur into areas adjacent public spaces and between the side street and the building in addition to the current language which allows the use only in areas between the front of the building and the street. Mr. Dorling stated rt includes some aesthetic changes that require street furniture to be of a quality design material and workmanship that wi11 enhance the aesthetics of the street; and, it also adds a reference to multiple civil violations in addition to code enforcement violations being grounds for 33 10/OS/10 sidewalk cafe permit termination. At its meeting of September 23, 2010, the Community Redevelopment Agency considered this item and recommended approval but felt the fee increase was too great and they recommended a 30% increase. Mr. Dorling stated the Code as proposed recommends a 50% increase from $3.00 to $4.50. Staff has not modified the ordinance to incorporate that change. At its meeting of September l3, 2010, the Downtown Development Authority considered this item and recommended approval. The Board felt that there was some clarification needed on five foot versus six foot and that change was acknowledged as a mistake and has been changed in the current ordinance. At its meeting of September 20, 2010, the Planning and Zoning Board recommended approval with a 7 to 0 vote with conditions that (1) markers be placed that are both permanent and visible to mark a 5-foot wide area referred to in the ordinance and, (2) that staff is to advise applicants to provide public safety measures as part of their application. Staff recommends approval of the ordinance with the fee increase reflecting a 50% increase from $3.00 to $4.50 a square foot rather than changes as indicated by the Planning and Zoning Board: Mr. Eliopoulos asked if the DDA wanted it to be a five foot area as opposed to sia. Mr. Dorling stated the ordinance that came before them had a six foot clear; it was supposed to be five and they raised that issue and staff changed it. Mr. Eliopoulos stated one of the things that we ran into a year ago was how Cut 32 had a cafe but also had a stricture and noted that the difference between their structure versus other structures is it was within their property line and there was one particular restaurant owner on A-1-A that talked about it needs to be a removable structure. Mr. Eliopoulos stated there are several restaurants and the Commission needs to make sure that we have clear understanding of sidewalk cafe ordinances and restaurants that have this but there are some that have covered areas. For example, Sazio's has a permanent structure that is not removable. Mr. Dorling stated each facility is a structure and in the case of the restaurant owner on A-1-A it is on his property line just like Cut 32 was and is less permanent than Cut 32. However, Mr. Dorling stated the position the City has always taken on sidewalk cafes is that the area in front of the building whether it be private or public is considered a sidewalk cafe and does not have to provide parking pursuant to the regular LDR requirements but is allowed to utilize the reduced numbers that you get with sidewalk cafes subject to the restrictions and the requirements sidewalk cafe ordinance. Mr. Eliopoulos expressed concern over safety and having seats sitting up on a curb and suggested that if the seating is going to be placed close to the curbs there should be a two feet buffer from the curb. Mr. Dorling stated staff can do this if that is the desire of the Commission. Mr. Dorling stated there is language in the original ordinance that deals with that issue but it does not talk about the 2 foot buffer. Mr. Dorling stated The Office restaurant made the argument that they could not put the tables and chairs against the building because of the design and therefore they should be allowed to have this. Mr. Dorling stated there are some isolated incidences between 5th and 6tn where the sidewalk on the south side where it is constrained that there are some tables that are right on the edge of the street because that is their only option for a couple of those cafes. The City Manager stated if they are on a sidewalk adjacent to parallel parking the parking it 34 10/05/10 provides the protection; however, it is adjacent right next to a travel lane then that is an issue. Mrs. Gray concurs with con:nnents expressed by Mr. Eliopoulos. Mrs. Gray stated she would like to look into the 2 foot buffer option and feels the Commission needs to find a solution for this. Mr. Frankel made reference to (F}(2} of the ordinance where it states: "The sidewalk cafe shall not be established adjacent to a travel lane or on-street parking, unless there is no ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parl~ing as long as a five foot clear pedestrian path is provided." Mr. Frankel stated The Off ce does have a sidewalk cafe adjacent io the storefront. Mr. Frankel stated not only are there dogs but there are strollers and families that are going through tables, patrons at the bar, and waiters with hot coffee trying to serve people. Mr. Frankel coTnmented about this being the gateway to Pineapple Grove and you can only walls to the gateway on one side of the street because the other side of the street is a maze. Mr. Frankel cozxarnented on the penalties and violations and stated it should be specified in the ordinance whose duty it is to be the enforcement operation. Lula Butler, Director of Community Improvement, stated Cade Enforcement does the enforcement during the business day and the Clean and Safe staff handles it during the evening hours. Mayor McDuffie concurs that safety is an issue and agrees with the two foot setback as well. The City Manager noted a correction to page five (F}(1 I} of the ordinance and stated the word "services" should xead "surfaces". Mayor McDuffie stated he noticed while walking the Avenue where there are paver sidewalks the roots of trees are beginning to lift the paver bricks up and getting to be a tripping hazard. It was the consensus of the Commission to table this item to October 19, 201 D. At this point, the time being 8:13 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND IN UIRIES ON NON-AGENDA ITEMS. 13.A. Ci Mana er 35 10/05/10 The City Manager stated with regard to a concern Commissioner EIiopoulos expressed about the FPL Agreement for the Atlantic Plaza, FPL wants the City to provide an exclusive easement within the right-of--way and that exclusive easement would require the City to pay for any work that FPL incurs for moving those facilities to a later date. The City Manager stated that is something the City feels they should not accept. Secondly, the City Manager stated the City has interviewed three Labor Counsel Firms and staff will be making a recommendation next week and noted that this will be a special meeting item at the Workshop meeting of October 12, 2010. The City Manager stated the City has looked into further possibility of re- routing the shuttle to serve putt-putt golf. He stated this does not seem to work unless the City had the third bus. The City Manager stated when the City had the third route you could do this without causing problems. The City Manager stated Commissioner Gray had asked about the Seacrest Soccer Complex Maintenance Agreement with the Delray Beach Athletic Club for the maintenance of the soccer fields and staff expects to have that for discussion at the Workshop meeting of October 12, 2010. The City Manager stated Commissioner Gray also asked about bus shelter locations and he distributed a list to the Commission of the locations where the new bus shelters will be installed. The City Manager noted there is a new administrative person with the Palm Beach County Legislative Delegation, Raehael Ondrus. The City Manager stated they had a presentation by Chris Garretsan concerning extending a quarter of a mill tax that the School District has been levying since 1981. The Legislature changed the law and that has to be approved by referendum on this upcoming ballot. 1f it is not approved, the School District will lose $181,000,000.00 and they would have to cut out of existing programs. The City Manager stated staff will get mare background information and have a resolution for the Commission's consideration on the City Commission meeting of October 19, 2010 to support extending that. The City Manager stated Commissioner Allie Biggs from Pahokee was appointed to the Advisory Boundary Committee with the county and Mike Dahlgren from Atlantis was appointed to the Water Resources Task Farce, The City Manager stated there is still work being done on the lobbyist registration and they are working with the County, the Ethics Commission, and the Inspector General to try and get a1I that worked out. Mayor McDuffie stated they had a meeting with the Inspector General and the head of the Ethics Commission with them where they discussed the electronic signatures rather than the hard copy signatures that was being asked for by the County and both of them agreed that if there was a way to work that it then they would support it. The City Manager stated Spady {EPOCH) had given the City a grant request in May to complete their project ($L2 million). He stated they asked last week about possibly getting help for the amphitheatre. The City Manager stated they have 3b 10/05/10 $250,000.00 from the Caunty as the Parks and Recreation Band Issue that they are going to lose if they do not come up with some way to get part of this project done. The City Manager stated the other issue is the amphitheatre itself did not have any bathrooms and the bathrooms were to be in the administrative building. Mrs. Gray stated she spoke to Commissioner Taylor about this and they have been instrumental in asking the Community Redevelopment Agency {CRA) to help so that they do not lose their funding. Mrs. Gray suggested that the Con~.mission partner with the CRA on this. Lastly, the City Manager stated he and Mayor McDuffie attended the Providencia Awards where the Palm Beach County Convention and Visitors Business Bureau gave the 2010 award to the Delray Beach International Tennis Championships for their contribution to tourism in Palm Beach County. The City Manager stated this is something to be proud of and Mr. Mark Baron was very camplimentary of the City's part in this whole project. 13.B. City Attarney The City Attorney had no cornznents or inquiries on non-agenda items. 13.C. City Commission 13,C.1, Mr. Frankel Mr. Frankel stated he just returned from a conference where the Pension Trustee for West Palm Beach congratulated the City of Delray Beach for receiving the 2010 Providencia Award. Mr. Frankel stated it was announced that Andy Roddick is playing in the tournament this year and feels this will help to bring additional people to the city. The City Manager stated Mr. Baron's goal is to increase attendance from 40,000 to 60,000. 13.C.2. Mrs. Gray Mrs. Gray thanked the Auburn Group for their report and commended them for fulfilling their oral commitment to the City Secondly, Mrs. Gray stated two weeks ago she was at the Tri~Rail Station with her grandson and she was approached by panhandlers. She asked if we have some signage that could be erected there because she witnessed these panhandlers approach everyone. Mrs. Gray stated she had a meeting with the Delray Rocks parents and coaches after the City Camrnission meeting where the Commission had decided not to renew the Booster Club's contract and the parents wanted to try to understand what was going on. Mrs. Gray stated they are clear on the responsibilities of the Booster Club and the City's responsibilities but they sti11 want accountability about what happened to the dollars. Mrs. Gray stated if they cannot come up with the dollars they would like the 37 10/05/10 individual{s} to be prosecuted and she wants to honor the parents by making sure that we find out what happened to the dollars and they are requesting to see bank statements. Lastly, Mrs. Gray stated she attended the Chamber of Commerce Gala and she along with others was very upset about the video that was done. Mrs. Gray stated she has received several telephone calls about the platform and Hated that if you are an elected official and you do not attend the Gala your picture will not go up. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos apologized to Mrs. Gray if she felt offended by the video. Secondly, Mr. Eliopoulos asked the City Manager to look into what the situation is with the Delray Beach Historical Society. Mr. Eliopoulos stated he attended the Downtown. Marketing Cooperative {DMC} meeting and Mr. Barcinski did a great jab. Mr. Eliopoulos stated the DMC and the Downtown Development Authority {DDA} are still going on different paths and yet are still going after the same finding. Mr. Barcinski brought up a great paint that he felt that the DDA should not be targeting the funding people that have always been sponsoring the DMC andlor City type events. Mr. Eliopoulos stated he will attend the DDA meeting an Monday, October 11, 2410. Mr. Eliopoulos stated he attended the Community Land Trust {CLT) meeting and one of their Board members who are involved in Habitat for Humanity stepped dawn because Habitat is going to be starting their awn CLT here. Mr. Eliopoulos stated he and Commissioner Gray attended the Police Department's presentation at the library for the neighborhood associations. Mr, Eliopoulos commented about the article on the press conference regarding Ralph Phillips and Vinnie Gray and feels the Commission should know why Major Phillips was suspended. The City Attorney stated he will speak to the Commission individually on this issue and asked that there be no further comments until the Police Department has .finished their investigation. 3 L. Mr. Eliopoulos stated the Commission is receiving emails that the Ralph Buick site should be cleaned up. Lastly, Mr. Eliopoulos commented an New Century Courtyards and stated he had appealed that decision but it was more to the point of when the economy was really booming and the definition of a mixed-use project was a mixed-use project and it was all in one building. Mr. Eliopoulos stated times are slower now and there are times when you get creative but he feels it is important that we establish the bar because as the economy gets busy that becomes the measuring stick andlor sets a precedent, The City Manager stated this has been done before which is part of the problem and he agrees with 38 10105/10 Mr. Eliopoulos that it is not a true mixed use; however, the City Manager stated he would leave this to the City Attorney to advise staff on how to proceed and staff also needs direction from the Commission as well. 13.C.4. Mr. Fetzer Mr. Fetzer had no comments or inquiries an non-agenda items. 13.C.5. Ma or McDuffie Mayor McDuffie stated he had the opportunity to go to the first service of the Avenue Church and they have established a "plant church" and it was filled to capacity. Secondly, Mayor McDuffie stated he attended Seacrest Presbyterian for the Opening of the Alzheimer's Community Care Center and this is a daycare center for Alzheimer's patients and is a tremendous addition to the community. Mayor McDuffie stated the Principal's Breakfast was very well attended and the Superintendent came and spoke. Mayor McDuffie stated immediately after the breakfast he went to West Palm Beach to meet C. Ron Allen and another group of peaple far an Empowering Youth Stealth Learning Presentation. Mayor McDuffie stated he was also at the Providencia Awards presentation and there were approximately 600 people in attendance and many events in this County that we competed against. He feels it is a tremendous testimony to the work Mr. Baron has done in putting on the tennis tournament and they have some great ideas in making it better this year. Mayor McDuffie commented an the Heart walk in West Palm Beach. Mayor McDuffie stated he attended a Workforce Alliance meeting trying to stimulate some of the ecanomy out in the Glades area but they also work with our community and they work very hard to employ young people. He stated Habitat far Humanity had a fundraiser for World Day at the Sundy House Last night and it was well attended. Mayor McDuffie stated at lunchtime he ran into Shannon LaRocque and she stated we need to expeditiously spend the $2 million that is dedicated to infrastructure on 12`x'. He stated there is a time limit on the $2 million and we cannot afford to lose that. Lastly, Mayor McDuff e commented on the Delray Beach Historical Society and stated they were potentially going to shut down as of November Ist 39 10/05/10 However, there has been some dialogue amongst some other organizations that will hopefully save a part of it if we cannot hold onto all of it. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:43 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 October 5, 2010, which Minutes were formally approved and adopted by the City Commission on October 19, 2010. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 40 10/05/10 F~RIVI 8Ei ~IE1~~R~41~DUIU1 ~F V~T~(V~ C~IVFLICT FDR C~U~VT~f ~IlJV1C1~~4L e41~® ETHER L,~CAL PU~L.IC ~FF~CER~ LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMrrTEE Eliogoulos, Gary Delray Beach City Co~issioe,~ MAILING ADDRESS THE BOARD, CauNCIL, COMMISSION, AUTHORITY OR CpMMITTEE ON 2~~ Genrge Bush Boulevard WyH~ICH I SERVE IS A t}NIT OF: CITY COUNTY t~`CITY G3 COUNiY ^ OTHER LOCAL AGENCY Florida ~~GQlrF Palm $e8Ct1 Delray Beach NAME OF POLITICAL SUBDIVISION: ~ Bea 1 h f D ~~ c e ra . o pATE ON WHICH VOTE OCCURRED IQ~Q~/1~ MYP051TIONIS: ~ ELECTIVE Q APpgINTEVE WHO MUST FILE FORM 8B This farm is for use by any person serving ai the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 1'12.3943, Florida Statutes. Your responsibilities under the law when faced with voting nn a measure in which you have a conftict of interest wil! vary greatly depending on whether you hold an electivs or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form, INS'I"RUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective ar appointive county, municipal, or other local public office Mt1ST ABSTAIN from voting on a measure which inures to his or her special' private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Ivss of a principal (other than a government agency} by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or Ivss of a relative; or to the spacial private gain or foss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 963.357, F.S., and offrcers of independent special tax districts elected on aone-acre, one-vote basis are no# prohibited from voting in that capacity. For purposes of this law, a °relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, caowner of proper€y, ar corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting In the si#uations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly s#ating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCt1RS by completing and filing this form with the person responsible far recording the min- utes of the meeting, vvho should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or a# your direction. IF YOtJ 1NTENI3 TO MAKE ANYATTEMPT TO INFLt1ENCE THE C3ECIS10N PRIOR TO THE MEETING ATINHICH THE VOTE WILL BE TAKEN: " You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued an other side) cEFORM ag-E=FF. ir2fldD Ttem 8.Q,2. = Ttem 9.A.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE 7HE DECISION EXCEPT 6Y DISCUSSION AT THE MEETING: , • Yau must disclose orally the nature of your conflict in the measure before participating, • You must complete the farm and file iE within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the loon must be provided immediately to the other members of the agency, and the form must be read publicly at the nex# meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST t Gary E1a.opoul.os ,hereby disclose that vn {3ctober 5 (a) A measure came or will come before my agency which tcheclc one) _ inured to my special private gain yr loss; g inured to the special gain or loss of my business associate, ~~ Arc~it;ecture, Inc_ inured to the special gain or loss of my relative, _,,_ inured to the special gain or tass of whom I am retained; ar „` inured to the special gain or Toss of is the parent organization or subsidiary of a principal which has retained me. (b? The measure before my agency and the nature of my conflicting interest in the measure is as follows: ~rCt11;4@C~ lt?/+}5 j2t)10 Date Filed Signature 20 1D by which NOTICE: 1JNC?I=R PROVISIONS OF Ft_ORIDA S7RTUTES §'t12,317, A FAiL.tJf2E TO MAKE ANY REQIJIRE€1 DISCLOSURE CONSTITUTES GROUNDS FOR RND MRY BE PUNISHED BY ONE OR MORE OF THE FOLLOVIlING: IMPEACHMENT, RtWMOVRL OR SUSPENSION FROM OFFICE OR EMPLOYMENT', ^EMOTION, REDUCTION IN SALRRY, REPRIMAND, OR R Civil PENALTY NOT TO EXCEED $it?,©60. CE FORM 8S - EFF. 9l2DDD PAGE 2 .ti IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, I"LORIDA ORDER OF THE CITY COfVIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATED TO THE SIGHT VISIBILITY TRIANGLE ASSOCIATED WITH THE CONSTRUCTION OF ANEW SINGLE FAMILY RESIDENCE AT 92$ SEASAGE DRIVE 1. This waiver request to reduce the clear line of sight requirement pertaining to the sight visibility triangle associated wi#h the construction of a new single family residence at 928 Seasage Drive has come before the City Commission on October 5, 2©10. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request. All of fibs evidence is a part of the record in this case. Required findings are made in accordance with Subsection i. I. WAIVER TO SIGHT VISIBILITY TRIANGLE: LDR Section 4.6.14{B)(1) provides a requirement for a ten foot (10') sight visibility triangle. The Applicant is requesting to reduce the requirement for a ten foot X10`) sight visibility triangle to two feet (2'), stating as justification, "Cars exiting the property would not be stopping near the property line to view oncoming traffic. The cars would be pulling up to Seasage Drive to view oncoming traffic before pulling out. if the sight visibility triangles were drawn at the intersection of the driveway and Seasage Drive, there would be no visual obstruction. Seasage Drive is a low speed residential street that will probably never be expanded to the full width of the right-of-way." Pursuant to LDR Section 2.4.7(B)t5), 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) Shelf not significantly diminish the provision of public facilities; ~c) 5hall not create an unsafe situation, and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 1 City Commission Meeting from October 5, 2Q10, Item 9.B. .~ ,~ . Does the waiver request to reduce: the requirement for a ten foot (1o'j sight visibility triangle from ten feet (1D') to two feet (2'j meet all of the requirements of 2.4.7(Bj(5)? Yes ~ No 3. The City Commission has applied the Comprehensive Plan ar~d LDR requirements in existence at the time the anginal 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 #o the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the waiver request to LDR Section 4.6.14(Bj(1 j. i~. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of October, 2014, by a vote of 5 in favor and . 4 opposed. ATTEST: _ ~ , ~. ~~ Chevelle Nubin, City Clerk Nelson S, McDuffie, Ma 2 Cr"ty Commission Meeting from Octobers, 2D90; Item 9.B. r IN THE CITY COIvIMISSION CHAMBERS OF THE CITY OF DEi_RAY BEACH, FLORIDA TWENTY-FObIR MONTH EXTENSION AND WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF APPROPRIATENESS AND CLASS V SI'I'E PLAN APPLICATION FOR THE PROPERTY AT 3G SE 1s~ AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month site plan extension and waiver request has come before the City Commission on October 5, 201 Q. 2, -f he Applicant ar~d City staff presented documentary evidence and testimony to the City Commission pertaining to the site plan extension and waiver request fnr 3f SE 1ST Avenue, All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and ii below. L SITE PLAN EXTENSION A. Section 2.4.4(F){1) requires certain preliminary requirements #o be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The ex#ension, if granted, shall be fnr a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4{F)(1) been met? Yes / No B, l~~ making a determination under LDR Section 2.4.4{F)(3) the Commission shall consider the following: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: City Commission Meeting on October 5, 2010! Item 9.D. {a} The project shall be evaluated .pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; {bj Additional submittal information including a new application and copies of previously submitted ma#erial may be required; (cj The granting body must make findings pursuant to 2.4.4(Bj; and {d} The granting body may impose additional conditions of approval pursuant to 2.4.4(Cj to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F}(3) been met? Yes / No 11. WAIVER REQUEST Pursuant to Section 4.5.1 (E}(8}{3j.a., "Upper Story Height", the height from finished floor 'elevation to finished floor elevation or top of beam tie or bond} shall not exceed twelve feet {12'}. The waiver request to the subject requirement seeks to increase the second story height on the previously approved development from twelve feet (12'j to fourteen feet {14'}. Pursuant to f.~R Section 2.4.7(Bj{5}, prior to granting a waiver, the approving body shat! 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, {dj 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. noes the waiver rectuest to increase the second story height from 'i2 feet to 94 fee# meet the requirements of Section 2.4.7(8}(5}? Yes ~ No City Commission 1Vleeting on October 5, 20901 Item 9.D. 3. The City Commission has applied the Gamprehensive Plan end LDR requirements in existence at the time the original site plan was submitted and finds that its determinations set forth in this Order are consistent with the goals, policies, and objectives of 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 Gity Gammissian approves / denies the site plan extension and waiver request to allow the previous conditional use approvals to be valid until August 19, 2892 subject to the following conditions: (a) That the five foot (5') right-of-way dedication for SE 15~ Avenue is accepted by the City Commission; fib) That the two foot (2'} right-of-way dedication far the alley is accepted by the City Commission; and (c} That a revised photametric plan be submitted which complies with the applicable requirements Hated in I_DR Section 4.6.8(A)(3). The Gity Commission hereby adopts this Order this 5th day of Octob~ 20'10, by a vote of _6 in favor and 0 apposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Cify Commission Meeting on Ocfober 5, 20101 item 9.D, ~" IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER QF THE CITY CONIIVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO THE SIGHT VISIBILITY TRIANGLE ASSOCIATED WITH THE CONSTRUCTION OF ANEW SINGLE FAMILY RESIDENCE AT 5'11 S. OCEAN BLVD, 1. This waiver request to reduce the clear line of sight requirement pertaining to the sight visibility triangle associated with the construction of a new single family residence at 511 S. Ocean Blvd. has come before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection 1. I. WAIVER TO SIGHT VISIBILITY TRIANGLE: LDR Section 4,6.14{B}{1) provides a requirement far a ten foot {10') sight visibility triangle. The Applicant is requesting #a reduce the requirement far a ten foot {10`) sight visibility triangle from ten feet {10') to four feet, two inches {4'2"~, stating as justification, "The purpose and intent of these triangles is to provide sufficient view corridors for ;safe interaction of vehicles and pedestrians at intersections. As the intersection of the drive and the road is #hirty four feet {34'} west of the property line in this case, site triangles at the property line serve no purpose, Vile believe there is justification to grant the waiver as the purpose and intent as written in the LDR's is not fulfilled.,' Pursuant to LDR Section 2,4,7{B~{6}, prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: {a} Sha[i 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. 1 City Co-nmission Meeting from Ocfober 5, 2010; ltem 9.E, s Does the waiver request to reduce the requirement for a ten foot (1C}') sight visibility triangle from ten feet ('l0') to four feet, two inches (4'2"), meet al[ of the requirements of 2.4.7(B)(a)7 Yes ~ No 3. The City Commission has applied the Comprehensive Plan and CDR requirements in existence at the time the original development application was submitted and finds that its determinations set fortis in this Order are consistent with the Comprehensive Plan. 4. The City Commission fiinds there is ample and competent substantial evidence to support its findings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the waiver request to LDR Section 4.6.14(B)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this nth day ofi October, 2010, by a vote of 5 in favor an ~~~., opposed. Nelson S. McDuffie, Mayor . 1~ ~.~,~;., ATTEST: Cheveile Nubin, Gity Clerk 2 Cify Commission Meefing from October 5, 2010; item 9.F. IN THE CITY CONIMiSS1ON CHAMBERS OF "fHE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF "SHE CITY OF DELRAY BEACH, FLORIDA THREE {3~ WAIVER REQUESTS ASSOCIATED WITH 57 SW 5 ~ AVENUE {CRA PUBLIC PARKING LOT) 1. These waiver requests came before the City Commission on October 5, 201 Q. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 57 SW 5~~ Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, WAIVERS: Pursuant to LDR Sectian 2.4,7{B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: ~a) shah 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 an other property for another applicant or owner. A. Stacking Distance: Per LDR Section 4.8.9{D){3){c)(1), the minimum distance between aright-of-way and the first parking space or aisle way in a parking lot that has twenty-one to fifty (21 -- 80) proposed parking spaces shall be twenty feet (20'). The applicant has submitted a waiver request from the stacking distance requirement. The applicant has submitted the following verbatim narrative in support of the waiver: "1"he provision of two driveways serving the parking lot provides alternatives means of ingresslegress. It is also noted that the distance from the travel lane on SW ~~~' Avenue to the frst parking space is 23' which minimizes any impacts to local traffic. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents while maximizing the number of parking spaces available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD {Central Business District) and similar waivers have been granted under similar circumstances in the past. City Commission Meefing from October 5, 2010; item 9.F. Should the applicant's waiver request to reduce the stacking distance from twenty ~20y feet to seven (7) feet be granted? Yes / No B. Drive Aisle Width: Per LDR Section 4.6.9{D}{3){b), the minimum roadway pavement width is twenty- fourfeet {24'). Plans indicate that the roadway width is reduced to twenty feet {20') and twenty-three feet (23'). The applicant has submitted the following verbatim narrative in support of the waiver: A single loaded perpendicular parking area requires a parking lot width of 53'. In addition, the two parking areas are connected by a 25' wide area which will contain the 20' wide drive. The width of the drive aisle on the portion of parking lot located adjacent to SW 5th Avenue is proposed to be 25'. The waiver will maintain a safe situation as this section of parking is proposed to be single loaded parking stalls with a 23' drive aisle and will not impede traffc circulation in any manner. Should the applicant's waiver request for reduced drive aisle width be granted? Yes / No C. Landscape Strip Separating Vehicle Use Area: Per LDR Section 4.6.16{H)(3){d), landscape barrier shaft be located between the common lot line and the off street parking area or other vehicular use area in a planting strip of no# less than five foot (5') in width. A planting strip of three foot, four and a half inches {3` 4 '!x" }has been provided along north property line and zero inches (C~") has been provided along the south property line adjacent to the two-way drive aisle. The applicant has submitted the following verbatim narrative in support of the waiver: The proposal provides far a 21-space public parking lot to serve the surrounding businesses in the area that is comprised of two (2) separate parking lot areas and connected by a 20' driveway of approximately 25' in length and is needed to provide far better traffic circulation among the two (2) parking lot areas proposed on the site, A 2q' drive aisle in this area will require relief from LDR Section 4.6.16(H)(3)(d) as it relates to minimum landscape barrier area of 5'. The newly constructed West Atlantic Avenue Public Plaza located nearby on the southwest corner of West Atlantic Avenue and SW 5th Avenue provides additional need for public parking in the area. This situation will enhance the provision of public facilities by providing needed parking far area businesses and residents and will not impede the ability for vehicles to adequately circulate on the site and 2 City Commission Meefing from October 5, 2070, ifem 9.F. .. maximize the number of panting stalls available on the site. The waiver will not result its a special privilege as the proposed public panting lot is located within the City`s CBO {Gentral Business District) and has been granted under similar circumstances in the past. Should the applicant's waiver request for the reduced width of the landscape strip separating vehicle use area be granted? Yes / iVo 3. The City Commission has applied the Comprehensive Tian 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 flan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adapts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. ~. Based an the entire record before it, the City Cflmmission approves !~ denies the waiver requests to LDR Sections 4.8.9{D){3){b), 4,8.9{D){3){c){1 ), and 4.8.~8(H){3){d). 8. Based nn the entire record before it, the City Commission hereby adopts this Order this 5th day of October, 2t)t0, by a vote of 5 in favor an~ o opposed. ~Y~ ~ ~ ATTEST: ~~ Nelson S. McDuffie, Mayor `.J. ~ ~N Chevelle Nubin, City Clerk 3 City Commissr'on Meeting from October 5, 2090, Ifem 9.F.