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11-02-10 Regular Meeting MinutesNOVEMBER 2, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 2, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated that Item 8.K.1., Contract Award to Chaz E ui ment Environmental Services Inc. and Item 8.K.2., Purchase Award to Chaz E ui ment Environmental Services Inc. have been removed from the Consent Agenda. Mr. Eliopoulos stated that Item B.C., Change Order _No. 1 (Contract Additian)/Brang Construction Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel 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 McDuffie — Yes; Mr. Eliopoulos — Yes. Said motion passed with a 5 to 0 vote. 11/02/10 5. APPROVAL OF MINUTES: . Mrs. Gray proved to approve the Minutes of the Special /Workshop Meeting of October 12, 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 Regular Meeting of October 19, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: A. None 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK_ _DEFERRAL/511 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk for the property located at 511 South Ocean Boulevard. B.B. REQUEST FOR SIDEWALK DEFERRAL /125 SEABREEZE ns tallation'of a sidewalk for AVENUE: Approve a request to defer the i ,...... the ,he property at 125 Seabreeze Avenue. 8.C. CHANGE ORDER NO. 1 (CONTRACT ADDITION)MRANG CONSTRUCTION. „INC.: Approve Change Order No. 1 (Contract Addition) in the amount of $653,303.08 to Brang Construction, Inc., and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project. Funding is available from 441 -5181- 536 -65.96 (Water and Sewer Fund: Other Improvements /Reclaimed Water Transmission). 8.D. RESOLUTION NO. 64 -10: Approve Resolution No. 64 -10 supporting the Department of Transportation's South Florida East Coast Corridor project from Jupiter to Miami. The caption of Resolution No. 64 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE FLORIDA DEPARTMENT OF 2 11/02/10 TRANSPORTATION'S SFEC CORRIDOR PROJECT FROM JUPITER TO MIAMI AND ITS AFFILIATED REGIONAL AND COUNTY TRANSPORTATION AGENCIES; ACKNOWLEDGING POTENTIAL STATION LOCATIONS; ACKNOWLEDGING THE CITY'S COMMITMENT TO THE PROJECT TO ENHANCE MOBILITY IN THE SOUTHEAST FLORIDA REGION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No, 64 -10 is on file in the City Clerk's office.) 8.E. FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve the Fourth Amendment to the Interlocal Agreement with Palm Beach County in the amount of $98,897.00 supporting Weed and Seed "seeding" efforts. 8.F. AMENDMENT TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MARTIN LUTHER KING DRIVE: Approve an Amendment to the Interlocal Agreement with Palm Beach County to extend the date for final invoice submission to December 31, 2011; and allow full access and cooperation with the Inspector General to City records for installation of decorative street lights along Martin Luther King Jr. (MLK) Drive. 8.G. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Ms. Margie Walden, West Atlantic Redevelopment Coalition Representative, for an unexpired term ending July 31, 2012. S.H. SPECIAL EVENT REQUEST /TREE LIGHTING AND MENORAH LIGHTING /ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse the Tree Lighting, Menorah Lighting and Art & Jazz on the Avenue to be held on December 2, 2010 from 5:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to NE /SE 7th Avenue, and" to the alley north of Atlantic Avenue on NE 1 st Avenue, NE 2nd Avenue, Railroad Way, and NE 4th Avenue and from Atlantic to the alley south on SE 1 st Avenue, SE'2nd Avenue, SE 3rd Avenue and SE 4th Avenue; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance and use of the large City stage; contingent upon receipt of the Hold Harmless Agreement. S8I. SPECIAL EVENT REQUEST/HOWARD ALAN 22nd ANNUAL DELRAY BEACH FESTIVAL OF THE ARTS: Approve a special event re .. pp request q est for the 22nd Annual Delray Beach Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held on January 15 -16, 2011 from 10:00 a.m. to 5:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way on Atlantic 11/02/10 Avenue from the east side of N.E. 6th Avenue to Bronson, and the Gladiola lot (S.E. 6th Avenue) for vendor parking; authorize staff support for security and traffic control, barricade assistance, EMS assistance, and permit an event sign to be erected on Atlantic Avenue just east of 1 -95 fourteen (14) days prior to the event with the sponsor paying all overtime costs. 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 18, 2010 through October 29, 2010. 8.K. AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 2. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 3. Purchase award in the amount of $39,259.70 to DGG Taser to replace forty -six (4 6) Tasers. Funding is available from 001 -2111- 521 -52.27 (General Fund: Operating Supplies/Equipment < $1,000). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel, Upon roll call the Commission voted as follows: Mayor MCDuffle — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: CHANGE ORDER NO. 1 (CONTRACT ADDITION)/BRANG CONSTRUCTION INC.: Approve Change Order No. 1 (Contract Addition) in the amount of $653,303.08 to Brang Construction, Inc., and a contract extension of 62 calendar days for installation of a reclaimed water transmission and distribution system along the Martin Luther King Jr. Drive Beautification project. Funding is available from 441 - 5181 - 536 -65.96 (Water and Sewer Fund: Other Improvements/Reclaimed Water Transmission). Mr. Eliopoulos asked staff to discuss the history of the project. Richard Hasko, Director of Environmental Services, stated this project started out a few years ago on a much smaller scale. Mr. Hasko stated it was a bond project that had a $300,000.00 budget and initially the scope of the project was to create a pedestrian connection between Pompey Park and the Community Center. He stated staff had the idea to do some sidewalk improvements (i.e. excerpts from Dr. Martin Luther King's famous speeches, etc.). Mr. Hasko stated the neighborhood had requested that additional improvements be done such as street lighting, beautification, landscaping, curbing, and hardscaping. He stated there was a committee that was assembled that met over the course of a year or so that put this scope together. Mr. Hasko stated funding them became an issue and there were some grants that were awarded and the City is 4 11 /02 /10 receiving money from Palm Beach County for the street lights, etc. Mr. Hasko stated there was an issue with who was going to pay for the irrigation water and a number of alternatives were discussed about how that was going to work. Mr. Hasko stated the CRA stepped up and said that they would pay for the irrigation water for the stretch of improvements. He stated staff looked at the area and saw that in the Master Plan for Reclaimed Water they were planning to come to Pompey Park, Spady, City Attorney's office, City Hall, the Community Center, etc. at some point in the fixture. Mr. Hasko stated this seemed like a good opportunity to kill two birds with one stone in terms of going ahead and advancing that project and adding to it so that staff could include the reclaimed irrigation facilities and also in the future get to the City facilities. He stated at that point the plans were done and the engineering consultant was working on the bid documents. Mr. Hasko stated staff had written into the bid documents that the successful bidder for the original scope would be required to solicit a minimum of three quotes from contractors that were on the City's pre - qualified list for this scope. Brief discussion between Commissioner Eliopoulos and Mr. Hasko followed. The City Manager stated by doing this now they will avoid tearing up the area in the future. Mrs. Gray stated these plans have been in place for approximately 4 -5 years and she is happy to see that we are moving forward with this. Mrs. Gray asked if this is approved when will the work actually start. Mr. Hasko stated the contractor is scheduled to start November 15, 2010. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor MCDuffie — Yes. Said motion passed with a 5 to 0 vote. 9.A. CONSIDERATION OF AN APPEAL /125 SEABREEZE AVENUE: Consider an appeal of an administrative interpretation by the Director of Planning & Zoning that a proposed single family residence within the North Beach Overlay District at 125 Seabreeze Avenue is a two story building. (Quasi - Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for a Quasi - Judicial Hearing into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he met with the architect Mr. Jeffrey Silberstein. Mrs. Gray had no ex parte communications to disclose. Mayor McDuffie stated he met 5 11/02/10 with Mr. Jeffrey Silberstein to discuss this project. Mr. Eliopoulos stated he met with the architect and he discussed his views on how he viewed the two -story versus one - story. Mr. Fetzer stated he spoke with the architect and he listened to his explanation of the project. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -207 into the record. Mr. Dorling stated the site in question is located north of Atlantic Avenue. He stated there will be a tear down of the structure and a reconstruction of a new structure. Mr. Dorling stated there was an interpretation made by him that is being appealed that the piece is in fact two stories. Mr. Dorling stated what is proposed is a first floor and a loft area. Mr. Dorling stated this property lies within the North Beach Overlay District which talks about mass and scale and this was added in a situation where there was a one -story structure that was in volume greater than one -story and said that if you had a single -story and you were greater than 14 feet to the top of the beam or 18 feet to the mean profile of the roof then you would be considered a two -story even if you were physically a one - story. Mr. Dorling stated this does not say if you are a two -story and also meet these dimensions that you are not a two -story and that fundamentally is the issue because the applicant is able to meet these minimums with a two -story and therefore is assuming that he is only a one - story. Mr. Dorling stated a one -story single story structure has a different requirement as it relates to maximum lot area and maximum open space. He stated the applicant has designed it like a single- story; however, in doing so, has maxed out the site and does not meet the criteria for open space and maximum lot area if he were considered a two- story. Jeffrey Silberstein Architect with Silberstein Architecture 524 N.E. 2na Street Delray Beach FL 33483 (Applicant), stated he is present this evening to appeal the interpretation as made by the Planning and Zoning Director and noted on September 21, 2010, the Planning and Zoning Director determined that Section I.A., First Floor Height Limits of the Beach Property Owners Design Manual is intended to establish guidelines which assure that one -story structures which exceed certain heights (in excess of 18 feet and measuring more than 14 feet from the finished floor) are considered two stories. This is not to be construed nor interpreted to say that any two story building that is below these dimensions is considered a one story structure as interpreted by the project's architect. Mr. Silberstein stated Urban Design Kilday Studios' (consultant that reviews the architectural submittals for this district) interpretation: is that "The Beach Property Owners Design Manual does not make the determinations as to interior use of space within one -story structures, and a loft space would not be' interpreted as if creating a multi -story structure and if a structure meets the one -story height dimensions as provided for on Page 1 -2, no multi -story regulations would be imposed on the structure." This submittal was also presented to the City's Plan Reviewer and his opinion was that he did not consider this a multi -story structure. Mr. Silberstein stated the issue that is most important to this district is if they meet the intent of the Code and he believes they do. Mr. Silberstein stated the Code encourages people to design one -story structures and if they cannot do that they are going to be penalized by 11/02/10 having to provide more setbacks and more open space. Mr. Silberstein stated he believes this does meet the Code and thanked the Commission for their consideration. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the appeal, to please come forward at this time. Andy Katz, speaking on behalf of the Beach Property Owners' Association, stated they have the guidelines to protect the neighborhood and it provides a tremendous amount of leeway in terms of style, color, etc. He stated sometimes there are situations where something may squeeze through with an ambiguity and this was not intended when these guidelines were being developed. Mr. Katz stated in terms of height it would pass as one -story if it was internal loft space it would be on the border line and stated there are two separate levels (the garage and the loft). Mr. Katz made reference to a design in the Historic District for Nassau Street that was labeled by the architect as 2 '/2 stories and it went through under 2 -story rules even though it was 3 stories. He stated we get into strange situations when we do not look at something in its simplicity and feels we are in this situation now. There being no one else from the public who wished to address the Commissionxegarding the appeal, 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. Frankel moved to adopt the Board Order as presented, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel --W Yes; Mrs. Gray — No; Mayor McDuffie — Yes; Mr. Eliopoulos -- Yes. Said motion passed with a 4 to 1 vote, Commissioner Gray dissenting. 9.B. CONDITIONAL USE RE UESTITHE HARTMAN HOUSE: Consider approval to allow the establishment of a bed and breakfast inri within the Medium Density Residential (RM) zoning district for the property located at 302 N.E. 7th Avenue, Individually Designated on the Local Register of Historic Places as The Hartman House. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Darling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -230 into the record. 7 11/02/10 Mr. Dorling stated this is a consideration of a conditional use request to establish a Bed and Breakfast Inn at 302 N.E. 7th Avenue, an individually designated site on the Local Register of Historic Places located in an RM (Multiple Family Residential, Medium Density) zoning district. The subject property is a 0.314 acre site at the northwest corner of N.E. 7t' Avenue and N.E. 3`d Street and contains a 2,752 square foot structure known as the Hartman House which is a Frame Vernacular style single- family residence constructed in 1923 and has remained vacant for a number of years. The property owners are seeking conversion of the single - family residence to a Bed and Breakfast Inn, which is allowed by conditional use under the Multi- Family Residential (RM) zoning designation. Mr. Darling stated the proposal is to accommodate the bed and breakfast guests in the main structure and as required by Code the owners of the facility would have to live on -site and they would be living under a new structure which is currently under construction. The improvements also include parking along and off the alley, construction of a lap pool, and landscaping improvements throughout the site. Mr. Dorling stated the subject request meets all of the special requirements that were placed in the Bed and Breakfast ordinance that the Commission recently adopted. At its meeting of October 6, 2010, the Historic Preservation Board (HPB) reviewed the request and recommended approval to the Planning and Zoning Board with a 6 to 0 vote; at its meeting of October 18, 2010, the Planning and Zoning Board reviewed the request and recommended approval with a 5 to 1 vote, subject to the three conditions: (1) that the requirements of LDR Section 4.3.3(Y), Bed and Breakfast Inns be met at all times, (2) that the parking space and alley measurement be adjusted by an additional two feet to provide a combined minimum depth of 40 feet and (3) that Engineering Plans and a Traffic Statement be submitted for review with the Site Plan Application. Staff recommends approval. Roger Cope, Cope Architects, Inc., 80 N.E. 4th Avenue, Delray Beach, FL 33483, stated they are taking the Hartman House, an individually historic piece of property, and exercising one of the privileges that come along with that which is the development of Delray Beach's first Bed and Breakfast Inn. Mr. Cope urged the Commission's support so that they can change the use of the property from single- family to bed and breakfast. He stated this will be landscaped and well lit. 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 closed. There was no cross- examination or rebuttal. Mr. Eliopoulos stated this works with the neighborhood and will benefit the entire community. Mayor McDuffie stated this has been a long time coming in Delray Beach and commended the Applicant because he believes this is a great step forward for the City of Delray Beach. 8 11/02/10 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. Eliopoulos moved to adopt the Board Order subject to the attached conditions, 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.C. REQUEST FOR IN -LIEU PARKING SPACE/BRIGHT HORIZONS dlb /a 32 EAST: Consider a request from Bright Horizons d/b/ d/b /a 32 East for the purchase of one (1) in -lieu parking space in the amount of $15,600.00. Thirty —Two East is located at 32 East Atlantic Avenue. (Quasi - Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Butch Johnson about the expansion but not about the parking specifically. Mrs. Gray, Mayor McDuffie, Mr. Fetzer, and Mr. Eliopoulos had no ex parte communications to disclose. Scott Aronson, Parking Management Specialist, stated this is a request for a site plan modification for Bright Horizons d/b /a 32 East, a restaurant located at 32 East Atlantic Avenue. Mr. Aronson stated the modification proposed is a 241 square foot balcony and the intent of the balcony is two -fold; providing a convenient outdoor area for attendees of functions held in the banquet room on the second floor and to improve shelter from the elements, beyond that of the current slatted canopy, for diners seated at the sidewalk cafe. The subject property is located in Area 2 of the in -lieu program at $15,600.00 per space. Mr. Aronson stated the owner is opting to pay for the space with the Parking Fee Agreement which requires 50% payment upon signing the agreement and two 25% payments on the second and third anniversaries of the agreement. Mr. Aronson stated Comprehensive Plan Policy C -4.1 of the Future Land Use Element encourages the rehabilitation and revitalization of the Central Business District (CBD) through several means, one being the accommodation of parking through innovative actions such as the in -lieu parking program.. The item was reviewed by the Parking Management Advisory Board, the Community Redevelopment Agency and the Downtown Development Authority and all recommended approval of the applicant's request. Staff recommends approval. The applicant was present but did not speak. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was 11/02/10 There was no cross- examination or rebuttal. Mr. Eliopoulos stated in the future he would like to have seen the elevations. Mr. Aronson stated he will ensure that those items are provided in the agenda packets. Mayor McDuffie echoed comments expressed by Mr. Eliopoulos and stated he too would like to see the elevation in the next agenda packet. 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. EIiopoulos moved to adopt the Board Order as presented, 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. Mr. Frankel moved to approve the In -lieu Parking Fee Reimbursement Agreement, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray -- Yes. Said motion passed with a 5 to 0 vote. 9.D. CONSIDER APPROVAL OF CHANGES TO SPECIAL EVENTS POLICIES AND PROCEDURES: Consider approval of proposed changes to the Special Events Policies and Procedures with an immediate effective date. Robert A. Barcinski, Assistant City Manager, stated staff requests approval of the proposed changes to the Special Event Policies and Procedures. Mr. Barcinski stated the City had a couple of events last month and after staff reviewed the appeal process felt it was appropriate that the City Commission be in that loop since they do approve these policies and procedures. Mr. Barcinski stated before people would have to go to court after a denial and all the denial reasons were based on court cases. The other changes staff is requesting are that a minor event cost limit be increased from $1,500.00 to $1,000.00; two (2) major events be allowed in a month versus one (1), Section III(D); four (4) versus three (3) intermediate events would be allowed in a month where there is a major event and five (5) in a month with no major event, Section III (G); added staffing and parking concerns as a reason for denial, Section VIII(N). Mr. Eliopoulos moved to approve the proposed changes to the Special Events Policies and Procedures with an immediate effective date, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer ---- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10 11/02/10 9.E. SPECIAL EVENT REQUEST/HOWARD ALAN 4th ANNUAL DOWNTOWN DELRAY BEACH NEW YEAR'S CRAFT FESTIVAL: Consider approval of a special event request to endorse the 4th Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. to be held from 10:00 a.m. to 5:00 p.m. on December 26 -27, 2010, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue north to approximately 400' north of N.E. 3rd Street, to authorize staff support for traffic control, barricade inspection, and fire inspector services; to permit an event sign on Atlantic Avenue just east of 1 -95 fourteen (14) days prior to the event with the sponsor paying all overtime costs; and to grant an appeal from Section III (G) of the Event Policies and Procedures to allow this event. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the 4th Annual Downtown Delray Beach New Year's Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on December 26- 27, 2010 and approve the closure of N.E. 2nd Avenue from the alley just north of Atlantic Avenue north to approximately 400 feet north of N.E. 3rd Street, to provide staff support for traffic control, barricading inspection, and fire inspection services and to grant an appeal from Section III(G) of the Event Policies and Procedures to allow this event. Mr. Fetzer moved to approve the Special Event Request to endorse the 4th Annual Downtown Delray Beach New Year's Craft Festival to be held on December 26- 27, 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. 9.F. AMENDMENT NO. 3 TO THE RENEWAL LEASE AGREEMENT/DELRAY BEACH HISTORICAL SOCIETY: Consider approval of Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach Historical Society for Cason Cottage and a one (1) year operating grant request. Robert A. Barcinski, Assistant City Manager, stated this is before the Commission to consider Amendment 93 to the Lease Agreement dated October 19, 2007 and it was amended September 17, 2008 and March 25, 2009 and to consider a one (1) year operating grant. Mr. Barcinski stated he received a letter from Mr. Tom Stanley, President of the Delray Beach Historical Society, which would allow the City to take over operations in the event the Historical Society could not meet their financial obligation as it relates to the leased properties. Copies of Plan A (part time position budget) and Plan B (full time position budget) are attached to the agenda backup. Mr. Barcinski stated if the Commission agrees to a grant the condition should be that this be a one year grant and if they receive additional sources of revenue throughout the year that the City could be paid back. Mr. Barcinski also suggested that they fill out the grant application. 11 11/02/10 Mrs. Gray asked about fundraising. Mr. Tom Stanley stated right now they are budgeted for $17,000.00 for this year. Mr. Stanley stated when he took over in 2009 they were going to have to raise in excess of $200,400.00 a year to maintain at that level. Mr. Stanley stated with regard to the fundraising the memberships bring in about $6,500.00 - $8,000.00 a year and noted that most people only want to pay $50.00 - $75.00. He stated they get annual giving miscellaneous gifts $1,500.00- $5,000.00 here and there. Brief discussion followed between the Commission and Mr. Stanley. Mrs. Gray asked what the City will do with the bungalow. Mr. Barcinski stated the City has some people looking at that including the CRA seeing about the possibility of renting that to someone that would bring some revenue in. Mr. Barcinski stated the other thing that staff is looking into is the train station and the CRA is getting estimates on how much that is worth. The City Manager stated when he first came to Delray Beach the City was giving an operating grant to the Delray Beach Historical Society for approximately $10,000.00. He stated the Historical Society started the Antique Show and it was so successful that they have not come to the City for support in almost 20 years. Mrs. Gray asked if the Commission supports Plan A (part time position budget) where would those dollars come from. The City Manager stated staff would address that at mid -year. Mayor McDuffie stated we need to reach out to the community and ask them if they would not mind supporting the cause that so many people speak about with regard to the history of this community. Mr. Frankel moved to approve Amendment No. 3 to the Renewal Lease Agreement with the Delray Beach Historical Society for Cason Cottage, 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. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 37 -10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., "Sidewalk Cafe", amending the regulations. The caption of Ordinance No. 3 7- 10 is as follows: 12 11/02/10 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 63.3, "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 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this modifies the sidewalk cafe ordinance in particular it indicates where they can locate and what businesses can utilize sidewalk cafes and also provides minimum setbacks from vehicular travel lanes and outlines certain operational functions that are prohibited within the sidewalk cafe area. Mr. Dorling stated it also increases the application permit and penalty fees associated with the use. At its meeting of September 23, 2010, the Community Redevelopment Agency (CRA) considered the amendment and they felt that the increase in fees should be limited to 30% and what is being proposed is a 50% increase. Staff has not included that in the ordinance before the Commission; however, staff feels the 50% is appropriate. Mr. Dorling stated the Downtown Development Authority (DDA) indicated that they wanted a five foot clear area as opposed to six feet which was in their ordinance and it was a typographical error and this has been modified and reflected in the current ordinance. At its meeting of September 20, 2010, the Planning and Zoning Board considered the amendment and recommended approval with a vote of 7 to 0. The Board discussed the ability to have markers placed in the sidewalks. Staff discussed this at the first reading of this ordinance and that is not included in this ordinance for reasons staff stated then. The Board also advised that staff should notify applicants to provide public safety measures as part of their application. On October 5, 2010, the Commission directed staff to add this section as it relates to the two foot setback adjacent to the right - of -way and that has been included and the City Commission recommended approval on first reading on October 19, 2010. Mayor McDuffie declared the public hearing open.. Alice Finst 747 Place Tavant Delray Beach FL 33445 expressed concern over the time that it takes something to get from initial conversation to final reading and stated she came to the City Commission meeting on February 2, 2010 to bring the issue about the markers in the street to the Commission and was told it would be processed to the Planning and Zoning Board by April 2010 and nothing happened. 13 11/02/10 Mrs. Finst stated she came before the City Commission on June 15, 2010 and she was told that it would be taken care of in the next couple of weeks but nothing was done. She stated it showed up at the Planning and Zoning Board meeting on September 20, 2010 and the Board strongly recommended the markers. Mrs. Finst stated she is very much in favor of the markers. She stated there are other ways to indicate where the markers are such as a distance from the grates where the trees are on the building side and go from the five feet there. Mrs. Finst made reference to Section (F)(1) of the ordinance and stated it limits to what is going on as the main sole purpose yet some businesses have put seating areas under awnings outside their businesses and even though their main sole purpose is not as a restaurant what will happen to those people who have been kind enough such as Nutrition Cottage which has an eating area inside but does not have a serving area outside. Mrs. Finst made reference to Section (F)(2) regarding the nodes and stated if she is understanding this correctly there is not going to be any seating allowed next to the nodes and asked what happens to Linda Bean's and The Bull Bar since these restaurants are sitting by nodes. Mrs. Finst stated Section (17)(5) states that you may require more space than five (5) feet and asked who is going to have their space narrowed down or who is going to widen the sidewalk. Mrs. Finst asked for an explanation of Section (F)(b) A "No Table Zone" and who will be affected. She also made reference to Section (F)(7) and stated since there is no reference to markers she suggested that the City come up with a plan based on where the tree grades are and asked who is going to enforce all of this. Mrs. Finst stated we have to consider safety in many of these issues along Atlantic Avenue on the side streets. Mrs. Finst reiterated that there should be a way to put down the markers. There being no one else from the public who wished to address the Commission regarding Ordinance No. 37 -10, the public hearing was closed. Mayor McDuffie asked if there was something problematic in the experience with permanent markers. Mr. Dorling stated there was concern about putting something like that in the ground and becoming a tripping hazard. Lula Butler, Director of Community Improvement, stated the markers did not work and sidewalk cafes do change. Mr. Dorling stated there was some concern about the sole purpose with Section (F)(1) of the ordinance and that was to address an issue that is becoming more prevalent where you have a business that is not a deli but more a restaurant coming in and requesting a sidewalk cafe and they have a coffee shop and an art gallery and then want tables outside. Mr. Dorling stated with this ordinance that would not be allowed. Mr. Dorling stated Code Enforcement enforces during the day and Clean and Safe enforces at night. Mr. Darling stated with respect to the landscape nodes that language is being eliminated. Mrs. Butler stated she researched other cities that have sidewalk cafe ordinances and has not found any using markers. She stated other cities use barriers. Mr. Frankel stated Atlantic Avenue was just voted the best Avenue in the state and feels the safety issues have been addressed. 14 11 /02 /10 Mr. Eliopoulos stated he supports this ordinance. Mrs. Gray thanked staff for all their hard work on the ordinance. Mayor McDuffie stated this is a great step forward. There being no one else from the public who wished to address the Commission regarding Ordinance No. 37 -10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 37 -10 on Second and FINAL Reading, 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. At this point, the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. II.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. I LB. From the Public. None. At this point, the time being 7:30 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 38 -10: Consider amending Chapter 33, "Police and Fire- Rescue Departments ", Section 33.65, "Administration ", to modify the board member designations for Fire Chief and Police Chief. If passed, a public hearing will be held on November 16, 2010. The caption of Ordinance No. 38 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE - RESCUE DEPARTMENTS ", SECTION, 33.65, "ADMINISTRATION ", TO MODIFY THE BOARD MEMBER DESIGNATIONS FOR FIRE CHIEF AND POLICE CHIEF; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 15 11/02/10 (The official copy of Ordinance No. 38 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Attorney stated he received a letter from the Chair of the Police and Fire Pension Board requesting this change. Currently the ordinance is set up where the Police Chief or Fire Chief has to sit on the Board and they cannot appoint a designee if they are members of the plan. The City Attorney stated what this ordinance would allow them to do is that even if they are members of plan the Police Chief and Fire Chief could appoint a designee if they do not desire to sit on the Police and Fire Pension Board. The City Manager recommends that the Commission not support the ordinance because he feels it is in the City's best interest to have the Chiefs sit on the Board if they are eligible to do so. The City Manager stated we have had a couple of Chiefs that have not been members and therefore have not sat on the Board. The City Manager stated Chief Strianese plans to start attending the Board meetings, and in his opinion, Chief Strianese should sit on the Board as well. Mr. Eliopoulos stated sometimes these meetings go on for four hours and asked if it would be better if the Chief would be better at doing something else. The City Manager stated considering the amount of money involved you are talking about approximately $100,000,000.00 plus there is an actuarial deficiency of approximately $65,000,000.00 which exceeds the annual budget. The City Manager stated there needs to be an executive level person sitting on this Board when they are legally able to do so. Mr. Fetzer concurred with the City Manager's recommendation and supports denying the ordinance, 'Mr. Frankel stated he has been a member of the Board for approximately three years and he does not recall either the Fire Chief or the Police Chief ever attending a meeting. The City Manager stated the Board has a fiduciary responsibility to manage the assets and the fund appropriately and they are also responsible for interpreting the Code as it applies to a situation where people want to retire and they are claiming disability or determining what their retirement benefit will be. Mr. Frankel stated part of that fiduciary responsibility is education and he recently took his advanced test where he is certified by FPPTA (Florida Public Pension Trustees Association) to act as a fiduciary. He stated this would also be more time taken by the Fire Chief or Police Chief to be educated on everything that is going on. 16 11/02/10 Mayor McDuffie stated if that does occur he feels there should be some level of specificity of who the Chief designates. Mayor McDuffie stated he concurs with the City Manager that we need a higher ranking person from each organization of this Board because we are talking about $165,000,000.00 of the public's money. Mr. Eliopoulos moved to approve Ordinance No, 38 -10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie -- No; Mr. Eliopoulos — No; Mr. Fetzer — No; Mr. Frankel — Yes. Said motion to approve was DENIED with a 3 to 2 vote, Commissioner Gray and Commissioner Frankel dissenting. 12.11. ORDINANCE NO. 40 -10: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article III, "Legislative ", Section 3.02, "City Commission: Composition, Eligibility, Election, and Terms "; and amend Article V. "Elections ", Section 5.02, "Types of Elections "; to provide for a change in the length of a term from a two (2) year term to a three (3) year term; providing for a referendum election to be held on March 8, 2011. If passed, a public hearing will be held on November 16, 2010. The caption of Ordinance No. 40 -10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR REVISIONS TO THE CHARTER OF THE CITY OF DELRAY BEACH BY AMENDING ARTICLE III, "LEGISLATIVE ", SECTION 3.02, "CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS "; AMENDING ARTICLE V, "ELECTIONS ", SECTION 5.02, "TYPES OF ELECTIONS "; TO PROVIDE FOR A CHANGE IN THE LENGTH OF A TERM FROM A TWO YEAR TERM TO A THREE YEAR TERM; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 8, 2011; PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated at its Workshop meeting of June 8, 2010, the City Commission indicated their preference to go to try to move to a three year term and the preference of moving forward with the Election in March 2011 for it to be effective for March 2012. 17 11/02/10 Mr. Fetzer stated he missed that Workshop and he sent a memo to the City Attorney about his position. Mr. Fetzer stated he supports going to three year terms because he feels it makes sense. He stated Boca and Boynton have done the same thing and he feels it may help us save in the cost of an election. Mr. Fetzer stated he does not want to bring this to the voters where it would affect any of the existing City Commissioners terms and will vote against it on that basis. The City Attorney stated it will affect two seats because at the June Workshop meeting it was presented where if we have it adopted March 2012 to take effect then it could potentially affect two of the current Commissioners. The City Attorney stated in order to have it not do that staff would have to extend it out by two more years (2015). Mr. Eliopoulos agrees with the two three year terms because of the added benefit of possibly eliminating an election to save money. However, Mr. Eliopoulos stated he will not support this because he feels we need to have a Charter Review Committee review everything. Mrs. Gray stated this may affect a Commissioner at one point or another whether the Commission votes on this now or in the next two years. Mrs. Gray asked how much money the City will save in one year. The City Clerk stated the City usually spends $35,000.00 - $38,000.00 on an election in one year. Mrs. Gray stated she supports the change to the terms of the Commission. Mr. Frankel stated he is not in favor of term limits but for the money savings he feels this is a good thing. He stated the fact that Boca and Boynton as well as numerous other communities have three or four year terms he feels this ordinance is appropriate. Mayor McDuffie stated he has been in favor of this for more than saving money for the City although that is an important criteria but the other part is the productivity of the City Commission. He stated if the Commission wants to make it to the point where it does not affect any Commissioner they would just have to go back and take a look at what date to make it effective. Mr. Frankel moved to approve Ordinance No. 40-10 on FIRST Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — No; Mr. Fetzer — No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 3 to 2 vote, Commissioner Eliopoulos and Commissioner Fetzer dissenting. At this point, the time being 7:49 p.m., the Commission moved back to Item 9.G. of the Regular Agenda. 18 11/02/10 9.G. : APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to the Police Advisory Board for an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel stated he would like to defer his appointment to the regular meeting of November 16, 2010. 9.11. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member (for Zone 3) to the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013 and one (1) regular member (for Zone 1) to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuff e (Seat #5) and Commissioner Fetzer (Seat 42). Mayor McDuffie stated he wished to reappoint Linda Laurence -Leib as a regular member to serve on the Neighborhood Advisory Council to serve a three (3) year term ending July 31, 2013. Mr. Frankel so moved, 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. Mr. Fetzer stated he would like to defer his appointment to the next regular meeting of November 16, 2010. At this point, 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 INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager stated Milena Walinski is the Interim Finance Director and staff received over 80 applicants for the Finance Director position that meet the minimum requirements. The City Manager stated staff will be going through the applications and hopefully making a choice by the end of the month and certainly before the end of the year. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 19 11/02/10 O.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non - agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos asked the City Manager about the follow -up to the request he had on the. Waste Management analysis and would like the City's explanation of how it occurred. Secondly, Mr. Eliopoulos stated he attended the Segway Tours Ribbon Cutting Ceremony last week and feels we need to notify the Chamber to see if they have licenses to operate in the City. Mr. Eliopoulos commented on the Bed Race and stated it was a decent turnout. Mr. Eliopoulos stated Mrs. Gray attended the Atlantic Community High School Eagle Nest 2 Ground Breaking and did a good job speaking on behalf of the City and the Mayor. Lastly, Mr. Eliopoulos stated if you go to Federal Highway where the townhouses are located and when you get to that intersection (corner of N.E. I" and the two -way pairs) and turn north you cannot see because of the landscaping. Mr. Eliopoulos stated if you look southbound it is hard to see cars coming. The City Manager stated this is on 6th and Federal Highway. 13.C.3. Mrs. Gray Mrs. Gray stated on November 20, 2010 Cooper Union College of Engineering and Art will be doing clinics for the girls basketball at Pompey Park as well as doing a volleyball clinic on Friday, November 19, 2010. Mrs. Gray stated the clinic has been running for approximately 6 -7 weeks for girls' ages 8 -15 years old. Secondly, Mrs. Gray asked the City Manager about the Community Redevelopment (CRA) Agency and the City Disparity Study. The City Manager stated he does not know what the CRA is planning and at this point staff has no plans to do anything. Mrs. Gray asked if staff could look into having this done. The City Manager stated he questions the value of it; however, he can send Mrs, Gray what he sent to Commissioner Fetzer and if the Commission still wishes to have it done then staff can have this done. The City Manager stated it implies an assumption that you are going to then make some allocation to a minority and the contractors about the City's business. The City Manager stated he feels the City is better off to try to educate and train people to compete and if they get all our business that is great rather than going through a process NX 11/02/10 that ends up having to set aside. The City Manager stated Susan Ruby had raised some legal questions about going that route. The City Attorney stated there may be some issues with staff trying to do that. Mayor McDuffie stated the City needs to get that information out to the public and also get the statistics out on the percentage of the contracts. The City Manager stated in talking with the Purchasing Manager some of the people complaining were not on the bidders list at the time and there are some things that we need to better educate people about so that they can compete on bidding for the City's business. Mr. Fetzer stated we need to provide a clear public information policy on this. Mrs. Gray asked how will the City get this information out and when will we start training. The City Manager stated he will have to report back to the Commission on this. Lastly, Mrs. Gray stated she went to Village Academy and Pompey Park today to see how the voting was going and at Village Academy there was an issue with spoiled ballots and thanked the City Clerk for contacting the Supervisor of Elections office regarding this. 13.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non- agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie stated he has run into more than a little bit of interest around the community about the selection process for a Finance Director and asked that the City Manager provide this information to the Commission. The City Manager stated out of the 80 applicants Human Resources will narrow that down to the top 15 candidates or so and the City will have a Selection Committee that will include some City staff, Howard Ellingsworth, and the Finance Director from Boca Raton. The City Manager stated the Selection Committee will compile a short list of 3 =5 candidates that he will interview and will make a final selection. Mayor McDuffie stated he wants to make certain that the City of Delray Beach realizes that the City has gone through a very clear and transparent process and found the best person for this job. Secondly, Mayor McDuffie stated he attended a costume party at Kevro's Art Bar for the CJ Foundation and dressed up as Woodie from Toy Story. He stated they raised money for the Milagro Center and it turned out to be a great party. Mayor McDuffie stated there was a kickoff for a new magazine called Delray Beach Your Town/Your Magazine in the community at Old School Square. He stated this was a well attended event and this is another way to market the downtown. He commented about the Bed Races and stated the event was bigger than last year although not as big as in previous years. 21 11/02/10 Mayor McDuffie stated he met with the President of the group that is owned by the Sun - Sentinel that does the Jewish Journal and he offered to do in their newspaper a four -page center of City information. Mayor McDuffie stated his circulation in the City of Delray Beach is 28,000 and this would go to every home that gets the Sun - Sentinel and would be placed on free newspaper stands all over the city. Mayor McDuffie stated he will get a copy of his proposal and let the Commission know what the actual cost is. Mayor McDuffie stated he was asked about the US-1 Master Plan and he informed them that there is not one. The City Manager stated there is not a plan for the South Federal Highway area. Lastly, Mayor McDuffic stated Cindy Malone's (Michael Malone's wife) mother passed away on Sunday. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:10 p.m. ATTEST: MAYO City Clerk 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 November 2, 2010, which Minutes were formally approved and adopted by the City Commission on November 16, 2010. City Clerk 22 11/02/10 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 23 11/02/10 :... .. . .:.: - ....:.. Have �� requlrernents of Section 4.3.3(Y')(1) Been met? ; Yes-: No C. So 4.3.3 Y « §ad and Brea. ast Inns" `�Rerkin ". #parking for Bed and Breakfast Inns tall b provided as folib". Parking shall corriply with the''requirernents i Section 4.6.g. 2, One. (1). parking space shall be provided for the managerlowner and.one (1) perking space shall be'provided f6r.each guest rcorn, 1 All required parking shall be provided in a manner which ihtill net detract 'fro the characterf'either the neighborhopd'r the historic property. No designated parking spaces may be located within the front or.side- street setback sreas. Ciroular driveways and/or tandem. perking spaces with a maximum two (2) car depth are permitted. b. No parking maybe providedMa mechanical lift. Have: f® requirements of Section 4,3.3(x)( ) been met? fee No . 3. The City. Commission has applied the .Comprehensive Flan and _DR requirements in existence at the time the conditional use application was submitted. i 4, The Co. CornM iWort finds there : is arnple and com , tent substantial pe evidence to support its findings' in the record submitted` and adopts the facts contained in . the record: includ.Ing but not Iimit d to the staff reports and testimony, of witnesses sopport.ing these findings. 6, used on the entire record before it, the City. Comrnlssiort approves denies ' the conditional use`applir tion subject to the' con iitions attached hereto In 4 City Commission Meeting on November 2; 2010; Item 9.B.