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11-16-10 Regular Meeting MinutesNOVEMBER 16, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, November 16, 2010. 1. Roll call showed: Present- Commissioner Gary P. Eliopoulos Commissioner Fred. B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. William `Bill" Quick with the Delray Beach Clergy Association. At this point, Mayor McDuffie welcomed the Atlantic Community High School Criminal Justice Color Guard. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item $.N., Grant AgreementlDelM Beach Historical Society, 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 Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of November 2, 2010, 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. 11/16/10 Mrs. Gray moved to approve the Minutes of the Workshop Meeting of November 9, 2010, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffic — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and Commending Ocean Rescue Officcr EMT Lindsa Kenney Mayor McDuffie read and presented a proclamation hereby recognizing and commending Delray Beach Ocean Rescue Officer EMT Lindsay Kenney for her representation of the City of Delray Beach. Lindsay Kenney came forward to accept the proclamation. Bob Taylor, Ocean Rescue Superintendent, came forward and gave a few brief comments. Linda Karch, Director of Parks and Recreation, thanked Lindsay Kenney and also thanked Bob Taylor for his dedication to the City of Delray Beach. 7. PRESENTATIONS: 7.A. None 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. REQUEST FOR SIDEWALK DEFERRAL /1019 and 1020 LAKE SHORE DRIVE: Approve a request to defer the installation of a sidewalk along Lake Shore Drive for the property located at 1019 and 1020 Lake Shore Drive. 8.11. ACCEPTANCE OF A SIDEWALK EASEMENT /ALOHA CLEANERS: Approve and accept a sidewalk easement along N.E. 2nd Street for Aloha Cleaners located at 501 N.E. 2nd Street. S.C. UTILITY EASEMENT AGREEMENTIFLORIDA POWER & LIGHT (FPL) /SOLID WASTE AUTHORITY (SWA) SOUTH COUNTY TRANSFER STATION: Approve an easement agreement between the City and Florida Power & Light (FPL) for a 10 -foot Utility Easement at the Solid Waste Authority (S WA) South County Transfer Station. S.D. CONTRACT CLOSEOUT CCHANGE ORDER NO. 1 FINAL IMPERIAL ELECTRICAL INC.: Approve a Contract Closeout (Change Order No. 1, Final) in the amount of a $20,000.00 decrease and final payment amount of $14,625.50,to Imperial Electrical, Inc. for the completion of EECBG Pompey Park Sports Lighting Upgrade. Funding is available from 101-6352-519-46.94 (ARRA Economic Stimulus FD: Repair and Maintenance Services /74 Energy Efficient Green Lights). S.E. SERVICE AUTHORIZATION NO. 07- 031WANTMAN GROUP INC.: Approve Service Authorization No. 07 -03 in the amount of $18,568.00 with 2 11/16/10 Wantman Group, Inc. for additional design services for S.W. 2nd Street Beautification Project. Funding is available from 334 - 3162 - 541 -65.95 (General Construction Fund: Capital Outlay /S.W. 2nd Street Beautification) and 448 - 5461 - 538 -65.95 (Storm Water Utility Fund: Other Improvements /S.W. 2nd Street Beautification). 8.F. CONSULTING SERVICES AUTHORIZATION/PBS & J, INC.: Approve a Consulting Services Authorization in the .. amount of $49,805.00 to PBS & J, Inc. for the construction administration services of the Atlantic Avenue Gateway Feature located on Atlantic Avenue between 1 -95 and N.W. /S.W. 12th Avenue. Funding is available from 334 - 3162 -541 -68.09 (General Construction Fund: Other Improvement/Atlantic Avenue Gateway Feature). 8.G. INTERLOCAL AGREEMENT/PALM BEACH COUNTYIPUBLIC ART ADMINISTRATION: Approve an Interlocal Agreement with Palm Beach County for support in administering various aspects of public art within the City. 8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION (DPQ: Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park and the Delray Swim and Tennis Center through the Drowning Prevention Coalition of Palm Beach County. TER RECOVERY INITIAT IVE (DRIMOUSING , REHABILITATION GRANT /CONTRACT AWARD: Approve one (1) Housing Rehabilitation grant award for the property located at 619 S.W. 10th Street to Citywide Construction Services, Inc. in the amount of $29,015.58, the lowest responsive bidder, for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118 - 1960- 554 -49.19 (Neighborhood Services: Other Current Charges/ Housing Rehabilitation). 8_J. COMMUNITY DEVELOPMENT BLOCK GRANT CDBG SUB - RECIPIENT FUNDING AGREEMENTIUR13AN LEAGUE OF PALM BEACH COUNTY, INC.: Approve and authorize execution of a Sub - Recipient Funding Agreement with the Urban League of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2010 -2011, with total funding in the amount of $6,000.00. Funding is available from 118 - 1966 - 554 -83.01 (Neighborhood Services: Other Grants and Aids). 8.K. COMMUNITY DEVELOPMENT BLOCK GRANT CDBG SUB - RECIPIENT FUNDING AGREEMENT /FAIR HOUSING CENTER OF THE GREATER PALM BEACHES INC.: Approve and authorize execution of a Sub - Recipient Funding Agreement with the Fair Housing Center of the Greater Palm Beaches, Inc. under the Community Development Block Grant (CDBG) program for FY 2010- 2011, with total funding in the amount of $8,000.00. Funding is available from 118 -1961- 554 -49.17 (Neighborhood Services: Other Current Charges /Promotion of Fair Housing). 11 /16 /10 8.L. I COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES: Approve and authorize execution of a Sub- Recipient Funding Agreement with Community Child Care Center (d/b /a Achievement Centers for Children and Families) under the Community Development Block Grant (CDBG) program for FY 2010 -2011, with total funding in the amount of $80,000.00. Funding is available from 118 -1966- 554 -82.09 (Neighborhood Services: Aid to Private Organizations /Child Care Center). 8.M. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Mr. Cary Glickstein, alternate Planning and Zoning Board representative, for an unexpired term ending July 31, 2012. 8.N. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.O. DOWNTOWN MARKETING CO- OPERATIVE AGREEMENT: Approve the Downtown Marketing Co- Operative Agreement. 8.P. SPECIAL EVENT REQUEST/13th ANNUAL FIRST NIGHT 2011: Approve a special event request to endorse the 13th Annual First Night 2011 event on December 31, 2010 from 4:00 p.m. to midnight, granting a temporary use permit per LDR Section 2.4.6(F) for the use of City rights -of -way and facilities as requested, and to authorize generator use and staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, signage construction and installation, and EMS services. S.Q. SPECIAL EVENT REQUEST/12th ANNUAL GARLIC FESTIVAL: Approve a special event request for the 12th Annual Garlic Festival to be held February 11 -13, 2011, and grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way to include N.E. lst Avenue from Atlantic to the grass area at Old School Square, Swinton Avenue from Atlantic to N.E. 1st Street and Old School Square Park, from 6:00 a.m., February 11 through midnight, February 13, 2011 and use of the Old School Square Parking Garage, City Hall north lot, and City Attorney lot, and authorize staff support for traffic control and security, EMS assistance, barricading, banner hanging, and signage preparation and installation, use of city generator, and waiver of the two (2) hour parking limit in the downtown area during the event subject to the conditions listed in the staff report. 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 1, 2010 through November 12, 2010. rd 11/16/10 8.S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Rosso Paving and Drainage in the amount of $29,246.00 to construct an alley north off Tropic Boulevard. Funding is available from 448 - 5461 -538 -63.90 (Storm Water Utility Fund: Improvements Other /Other Improvements). Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. GRANT AGREEMENT /DELRAY BEACH HISTORICAL SOCIETY, INC.: Approve a grant in the amount of $30,000.00 from the City to the Delray Beach Historical Society, Inc. Funding is available from 001 - 6311 -572 -83.07 (General Fund: Other Grants & Aid/DB Historical Society- Cason Cottage). Mr. Barcinski, Assistant City Manager, stated this is the formal grant approval in the amount of $30,000.00 between the City and the Delray Beach Historical Society for fiscal year 2011, Mr. Barcinski stated this is a one year grant and it has a repayment provision if their revenues exceed their budget expectation and requires quarter, financial and performance reports. The purpose is to keep the archives room open on a part-time basis to meet conditions of the construction grant received from Palm Beach County. Mr. Eliopoulos asked for a little more information regarding the County grant. Mr. Barcinski stated he believes it was around 2004 or 2005 when the Delray Beach Historical Society received $200,000.00 from the County, CRA money as well as City money. Mr. Tom Stanley stated the Delray Beach Historical Society received this money in 2067. Mr. Barcinski stated this money was used to build the archives room and it was built to withstand hurricanes and protect the archives as well as the moving of the historic home the Hunt House which was also put on that site and the two were combined together. Mr. Barcinski stated the grant states the Delray Beach Historical Society will be open weekdays and does not specify how many days and how many hours. The City Manager stated if it were not kept open the County could require the City to repay the grant. Mr. Eliopoulos moved to approve Item 9.A.A. (formerly Item 8.N.), 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. bi 11/16/10 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: ATLANTIC OCEAN CLUB: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding Atlantic Ocean Club located at 217 & 219 East Atlantic Avenue. (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 is in receipt of a letter dated November 11, 2010 from Attorney Michael Listick, had a tour of the building, and spoke about this project with Bob Currie and the owner of the building Chris Licata. Mrs. Gray stated she also received the same letter but no had no communication with anyone. Mayor McDuffie stated he received the same letter as well and had a conversation with Attorney Michael Listick regarding the addition of the glass on the roof. Mr. Eliopoulos stated he met with the architect and also received a disc from the architect with regards to the minutes and received the same letter from Attorney Michael Listick and he went to the site on his own. Mr. Fetzer stated he received the same letter from Attorney Michael Listick in support of the project. Mr. Fetzer stated he met with the architect, attorney, and applicant on other occasions but not specifically on this particular issue. Mr. Fetzer stated he has had a tour of the building and they had a presentation of their plans. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -041 into the record. Mr. Dorling stated this is a consideration of an appeal to the Site Plan Review and Appearance Board's ( SPRAB) denial of a Class I site plan modification. The site is located at the northwest corner of Railroad Avenue and Atlantic Avenue. The architectural elevation that was denied included a glass solarium structure on the third floor of the Atlantic Ocean Club. The action taken by SPRAB was taken on October 27, 2010, and was appealed by the agent for the applicant on October 29, 2010. Mr. Dorling stated March 30, 2010, a site plan modification was processed which included a third story restaurant addition and included a cloth canopy over that structure. The proposal was subsequently purchased by another user and that approval is now subject to modification and they want to enclose it. Mr. Dorling stated the elevation changes associated with that glass solarium went before SPRAB on September 22, 2010, and there was significant discussion and the Board denied the application. The applicant came back and requested an additional opportunity to discuss the project at the meeting of October 13, 2010, where several alternative colors and material choices were provided. At that time, SPRAB also denied the site plan and architectural elevations. On October 27, 2010, the applicant came back to the Board with new drawings and a site modification to this proposed solarium structure and there was significant discussion and the ultimate action was denial which is now being appealed. Mr. Dorling stated the 6 11 /16 /10 Board continued to have concerns with what they described as a shed type shape of the glass structure and the white color of the metal frame of that structure. The Board also had some issues with the glass structure being a foreign design element that did not match the uniformity and design of the existing building. Jose Aquila, Architect with Currie Sowards Aquila Architects, 134 N.E. l't Avenue, Delray Beach, FL 33444, stated this request is for an appeal to the City Commission for the previous action taken of the SPRAB on this project. The request of SPRAB was for approval to install a glass enclosure over an open area rooftop patio at the Atlantic Ocean Club restaurant located at the intersection of Atlantic Avenue and Railroad Avenue. Mr. Aguila stated SPRAB was to consider their request in accordance with LDR Section 4.6.18(E) which states "that the plan or proposed structure is in conformity with good taste, good design" (2) the design is of a quality to not materially depreciate the local environment, and (3) the design is in harmony with other developments in the general area." Mr. Aguila stated SPRAB did none of these things. Mr. Aguila briefly reviewed the project and the elevations. Chris Licata 217 East Atlantic Avenue Delray Beach owner of the restaurant, briefly discussed the solarium and stated there are three goals that they are able to accomplish with the solarium: safety from hurricanes, protection of their investment, impact glass, noise, and birds flying in. He stated air conditioning and heat are able to be controlled by the environment to create a green experience. Mr. Licata stated the reason he is before the Commission now after the approval of the awning is because they have evaluated that this will not work after going on the roof and realizing what was going on. Mr. Licata urged the Commission to allow them to protect their investment and noted they are out of time and the season is here now. Bob Currie, Ocean Avenue, 4y Beach, , FL 33483 Architect with Curr� eSowards Aquilrchit c Architects, I't Avenue, Delrav Beach, FL 33444), briefly discussed design in terms of historical restoration which they have done quite a number of projects around the State. Mr. Currie stated they have done a few projects in town as well such as Old School Square and followed all the guidelines that are required for historical trust and received three historic trust State design awards for this project. Mr. Currie stated they also worked on the La France Hotel and the Sundy House. Mr. Currie stated they received the State Honor Award from the American Institute of Architects for the State of Florida for the Sundy House. Michael Listick (Attorney), 190 S.E. 5 th Avenue, „_...,_._ Delray Beach, FL 33483, stated Mr. Aguila and Mr. Licata explained that the noise from Johnnie Brown's was deafening when they went up on the roof on the third floor and they realized that their intention was to have a subdued romantic look at the city atmosphere and you could not have it with a canvass awning with open sides. Mr. Listick stated staff had it right and noted that SPRAB made a mistake. Mr. Listick stated LDR Section 2.2.3 talks about the creation of the Site Plan Review and Appearance Board and states "the purpose of this Board is to promote certain functional and aesthetic goals.” Mr. Listick stated he listened to the tape and SPRAB never mentioned function and what they talked about in 7 11/16/10 terms of the aesthetics and what they did not like really was not discussing the goals and the criteria that was supposed to be considered. Also, Mr. Listick made reference to LDR Section 2.4.7(B)(5) and stated in terms of whether or not this should be denied based on the criteria, the criteria are certain aesthetic features and certain functional features. The noise is a major issue and SPRAB never considered the fact that Mr. Dorling and Mr. Aguila said that this is necessary for protection against the noise. Mr. Listick urged the Commission to support the appeal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Shane Ames, 800 N. Ocean Boulevard #5, Delrav Beach, FL 33483 Architect and Chairman of SPRAB stated this project was before SPRAB three different times and each time it came before SPRAB the drawings were inaccurate and out of perspective and SPRAB kept turning it down because they did not get accurate representation of what was going on with the building. The building itself is not historic but is a historic representation of a building that was there. Gcor, a Brewer Assistant Vice Chair on SPRAB stated this project came before SPRAB five times and each time for different reasons. Mr. Brewer stated each of those five times it appeared that it would come before the Board to try to solve some design issues with the existing building after that they came back three times to address the solarium. Mr. Brewer stated the original building on the west side was a single story art deco building and there is no design cohesiveness for this building. Mr. Brewer stated they have taken an art deco building and a mission style building and have tried to merge them. together. Mr. Brewer stated their solution was to add another element on the roof which was a shed roof and after that they came back three times to address the solarium and noted the solarium does not meet the LDRs. Mr. Brewer made reference to LDR Section 4.6.18(E)(1), LDR Section 4.6.18(E)(2), and LDR Section 4.6.18(E)(3) and stated this clearly does not meet the guidelines that are in the LDRs and stated this is not a historic building in any shape or form. Rustem Kupi, new SPRAB member, stated this is a solarium and does not really look like any of the pictures that the architects were showing to SPRAB. Mr. Kupi stated if the Commission looks at those pictures they will see that those buildings are much different than what this is. .Pauline Moody, 609 S.W. a Avenue, Delray Beach, FL 33444, stated she is not sure why there are complaints about the awnings and noted that the train passing through is going to be louder than the music. Ms. Moody stated if you take away the glass solarium SPRAB is still going to have a problem. In her opinion, Ms. Moody stated the exterior of the buildings in the downtown are an eyesore and feels that trees do not go next to the building because when they crash into the building it makes cracks into the exterior of the building. 8 11/16/10 A_Iice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated when this building plan was originally presented the joy of seeing it was that it was practically if not exactly a duplicate of the building that was torn down and it kept the character of Delray Beach. Mrs. Finst stated the goal in Delray Beach is to preserve the look and she does not feel this look fits with the look that we have. She stated it was suggested at the SPRAB meeting that perhaps some curves could be put around the top level so that the window situation is not so prominent and if not to do that to carry over some intent of the appearance of the front of the building as a distraction of the windows. Mrs. Finst stated the Commission appointed SPRAB because of their experience with design and their knowledge of Delray Beach and urged the Commission to trust SPRAB. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Currie stated this town is eclectic in design and has all kinds of different character. He stated in that regard this is adding to that complexity. Mr. Currie stated this building is historical in the sense that we put it back the way it was originally done. He stated the parapet has never been changed and the last submission to the Board was to put a piece of glass over in the corner. Mr. Currie stated it is a better situation and that is why they took the one pane of glass out because it was always open there. Mr. Listick stated above the glass enclosure is glass and metal which matches the glass and metal of the enclosure. He stated if this is not approved there will be a red awning up there. Mr. Listick stated the proposed glass structure improves the property and is more visually pleasing rather than a red awning. Mrs. Gray asked if the framework was painted red would this help the design of the solarium. Mr. Ames stated when they were presented in red it was still the same problem and noted that they were inaccurate drawings and it is still not representative of the building itself. Mr. Ames stated the glass solarium is not in harmony or in good taste as far as SPRAB is concerned. Mrs. Gray asked if they go back and soften the glass then would this meet SPRAB's approval. Mr. Ames stated SPRAB has no problem with the fact that it is up there or that they enclose it but it is just the fact of how it is designed. Mr. Ames stated SPRAB has no problem with them coming back with an alternate design. The City Attorney clarified that Mr. Ames is the Chairman of the Board but he is only one vote on the Board so he cannot speak for the entire Board. The City Attorney stated Mr. Ames is not saying that the Board would approve this or approve that because it depends on the other SPRAB members as well. Mr. Aguila stated he wants the Commission to understand what is meant by the comment that the drawings were inaccurate. Mr. Aguila stated when they came in front of SPRAB they came with renderings done by hand over a photograph. He stated he believes the concern was something did not seem quite right to SPRAB and something seemed taller: than it was or shorter than it was. Mr. Aguila stated that is why at the last 4 11/16 /10 meeting they did everything by computer and the last set of plans and what the Commission saw tonight are absolutely accurate. Mr. Aguila stated the only difference between then and today is they took that last panel on the left because it is the vertical glass and it seemed silly to put that there randomly. However, Mr. Aguila stated they can put it back on if that is SPRAB's decision. Mr. Aguila stated if they go back to SPRAB the earliest they get to may be December 8, 2010. Mr. Aguila stated they would like to see this conclude tonight otherwise deposits that have been received and parties that have been scheduled for New Year's would have to be cancelled. Mr. Frankel stated the Commission appoints people to Boards and you want to rely on their decisions and he agrees. However, Mr. Frankel stated the SPRAB members that were here tonight say it is a clear decision and to him it is far from clear because there was a 3 to 2 vote with two people not there. Mr. Frankel stated it is a very subjective area as well because when talking about the LDR it talks about good taste and good design. Mr. Frankel stated he does not see that it is not in good taste or good design. Mr. Frankel stated the applicant is correct where they say that Johnnie Brown's noise is very loud. He stated they have to compete with the train and IL Bacio's. Mr. Frankel stated he does not believe they are going to have soft music and believes that this is going to be a night club and that there will be loud noise coming from them too. Mr. Frankel stated he also sees the enclosure as protecting many pedestrians that come from Bra's Room out to Atlantic Avenue because people could be drinking on top of the building with glasses and one could fall off. Mr. Frankel stated it looks okay to him. Mr. Fetzer stated he respects SPRAB and the architect of this project as well. Mr. Fetzer stated he understands the functional nature of what they are trying to accomplish. He stated it is functional and does not feel it is totally out of character with the downtown and supports the appeal. Mr. Eliopoulos stated he respects the applicant coming to Delray Beach and the money that has been put into this building. He stated he appreciates the spirit in which there was discussion about the building being historic because the goal was to recreate something. However, Mr. Eliopoulos stated the building is not historic. Mr. Eliopoulos stated this is downtown Delray Beach and the environment is noisy. He stated if glass is put there he does not feel it is going to block out the noise. Mr. Eliopoulos stated this building would serve the community and Mr. Currie better with the original approved awning structure. Mayor McDuffie stated he feels for the people who own this because this has been to SPRAB five times and the Commission several times as well. He stated everything there is in -lieu of with regarding to parking spaces. Mayor McDuffie stated we continue to drag these owners out and understands the investment that they have in the building. Mayor McDuffie stated the glass solarium is not onerous and agrees that the LDRs are subjective not defmitive. He stated he is not enthralled with the look neither is he offended by the look but he would like to let this owner get going on with his business. Mayor McDuffie stated he supports this. 10 11/16110 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). It was the consensus of the Commission that this meets the LDRs. Mr. Frankel moved to adopt the Board Order (approving the appeal), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — No. Said motion passed with a 4 to 1 vote, Commissioner Eliopoulos dissenting. 9.A.1. WAIVER REQUEST /ATLANTIC OCEAN CLUB: Consider a waiver request to Land Development Regulation s ( LDR ) Section 4.4.13 (F ){ 4 )(c ) (2 ), U pp er Levels" regarding the required building frontage and front setback for Atlantic Ocean Club. (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 additional ex parte communications to disclose from what they previously reported. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -041 into the record. Mr. Dorling stated this is a waiver to LDR Section 4.4.13(F)(4)(c)(2) to reduce the portion of the building which is required to be set back a minimum of 15 feet from 88.6 feet to 78.5 feet which would equate to 70% of the frontage. Mr. Dorling stated this is `very unique because this is a very thin parcel and corresponding rights-of- way. He stated this is a very difficult site to meet the criteria and because of that, staff supports a waiver request at this time. Mr. Dorling stated this did not require any review other than from SPRAB and the Board was supportive of that waiver. Staff urged the Commission to support the waiver at this time. Josh A uila Currie Sowards ALIuila Architects 134 N.E. 1" Avenue DeIrgy Beach FL 33444 stated SPRAB voted in favor of this request. Mayor McDuffie stated if anyone else from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. 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). 11 11/16/10 Mr. Eliopoulos moved to adopt the Board Order as presented, 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. f. At this point, the time being 7:16 p.m. the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10, PUBLIC BEAR114GS: 10.A. ORDINANCE NO. 40 -10: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Article 111, "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. 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 II1, "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 GENERAL 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 this ordinance provides for a change in Commission terms from two years to three years and a reduction in the number of consecutive terms you can serve from three to two so you end up with the same number of years that a Commissioner is eligible to serve. 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. 12 11/16/10 Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40 -10, the public hearing was closed. Mr. Fetzer stated he agrees in concept with what we are doing here and he has pushed for this for several years to go to two three year terms as opposed to three two year terms. Mr, Fetzer stated the only problem he has with it is the way that it is being implemented so he will vote against it. Mr. Eliopoulos stated he would only be in favor of something like this after there is a full Charter review. Therefore, Mr. Eliopoulos stated he will not support this ordinance. Mrs. Gray stated she supports this ordinance. Mr. Frankel stated he supports this ordinance. Mayor McDuffie stated he wanted to make certain that when this change was made that it did not affect anything in his term and it does not. Mr. Frankel moved to adopt Ordinance No. 40 -10 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Eliopoulos — No; Mr. Fetzer — No; Mr. Frankel — Yes. Said motion passed with a 3 to 2 vote, Commissioners Eliopoulos and Fetzer dissenting. 10.11. RESOLUTION NO. 61 -10 /CONTRACT FOR SALE PURCHASE/DELRAY BEACH HOUSING AUTHORITY /614 S.W. 6W AVENUE: Consider approval of Resolution No. 61 -10, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 614 S.W. 6 "' Avenue in the amount of $10.00. The caption of Resolution No. 61 -10 is as follows: 'A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 61 -10 is on file in the City Clerk's office.) 13 11/16/10 The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Mr. Roberts stated staff recommends that property located at 614 S.W. 6th Avenue be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. 8H` Avenue Ddray Beach FL 33444 asked if the Delray Beach Housing Authority wants to buy this from the City. The City Manager stated the Delray Beach Housing Authority is buying the property from the City for $10.00. Mr. Roberts stated these properties were purchased with Neighborhood Stabilization Funds and staff has allocated $1,905,005 for this program and approximately $500,000 is designated toward affordable housing rental. Mrs. Gray stated the Delray Beach Housing Authority services people from 50% annual income up to 120% and asked why these particular homes have to go for 50 %. Mr. Roberts stated it is based on the Neighborhood Stabilization Program and a certain percentage of the dollars had to go to that income range and they chose to make sure that the rental units went to the Housing Authority to serve that purpose. Mr. Roberts stated the City has a total of six properties that will be going to the Delray Beach Housing Authority for the 50 %. There being no one from the public who wished to address the Commission regarding Resolution No. 61 -10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 61 -10, 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. 10.C. RESOLUTION NO. 62 -IO /CONTRACT YUKUHAWDELKAY BEACH HOUSING AUTHORITY/616 S.W. 9` STREET: Consider approval of Resolution No. 62 -10, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 616 S. W. 9th Street in the amount of $10.00. 14 11/16/10 The caption of Resolution No. 62 -10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No, 62 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program. Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Mr. Roberts stated staff recommends that property located at 616 S.W. 9t' Street be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuff e declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 62 -10, the public hearing was closed. Mr. Eliopoulos moved to approve Resolution No. 62 -10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos — Yes; Mr. Fetzer -- Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. I.O.D. RESOLUTION NO. 63 -10 /CONTRACT FOR SALE AND PURCHASE/DELRAY BEACH HOUSING AUTHORITY/1212-1214 S.W. 2nd AVENUE: Consider approval of Resolution No. 63 -10, a Contract for Sale and Purchase between the City and Delray Beach Housing Authority for the property located at 1212- 1214 S.W. 2nd Avenue in the amount of $10.00. The caption of Resolution No. 63 -10 is as follows; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 15 11/16/10 AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 63 -10 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into an agreement with the Delray Beach Housing Authority to assist the City with implementing the Neighborhood Stabilization Program Strategy 2 to turn foreclosed residential properties into decent, safe, and affordable rental housing for households at or below 50% annual median income. Staff recommends that property located at 1212 -1214 S.W. 2nd Avenue be sold to the Delray Beach Housing Authority for those purposes. Mayor McDuff e declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 63 -10, the public hearing was closed. Mrs. Gray moved to approve Resolution No. 63 -10, 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. At this point, the time being 7:25 p.m., the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 11.A. City Manager's resj2onse to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. 11.11.1. Pauline Moody, 609 S.W. $t'' Avenue, Delray Beach, FL 33444, asked if the City is planning to expand the cemetery and if anyone goes out to the cemetery to inspect the headstones because there is damage to some of the veterans' graves, etc. 11/16/10 At this point, the time being 7:29 p.m., the Commission moved back to Item 9.11. of the Regular Agenda. 9.13. WAIVER REQUESTS/DALLEY LAW OFFICE: Consider four (4) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4)(a), "Front Setbacks ", 4.4.13(F)(4)(b)(1), "Lower Levels ", 4.4.13(F)(1)(a), "Height ", and 4.6.18(B)(14)(iv)(2), "Windows and Doors ", regarding building frontage, front setback, height, and building material surface requirements for Dalley Law Office located at 35 S.E. 6th Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. .: Paul Dorling, A1CP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2010 -243 into the record. Mr. Dorling stated this is four (4) separate waiver requests associated with the Dalley Law Office located south of Atlantic Avenue on Federal Highway. Mr. Dorling stated they are doing a renovation which will include adding square footage at the corner of the building and building out the facade. At its meeting of October 27, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class III site plan modification and the Board also reviewed the four (4) waivers and recommended approval. Mr. Dorling stated the LDRs and design guidelines require that a certain amount of building be set back a minimum of five feet and a maximum of ten feet, but the column line of the existing building encroaches 3 inches into the minimum five foot setback area and the improvement would extend that column line all the way across to the corner of the building, therefore, requiring a waiver to that front setback because there will be a slight encroachment and it will increase the current encroachment from 26.5 feet to 40 feet. The second waiver relates to a requirement that a portion of the building also be set back a minimum of 15 feet and that will not be met. Mr. Dorling stated there is a requirement that at least 5 to 15 feet of that building be set a minimum of 15 feet back and that would be reduced from the minimum of 5 feet to 2.6 feet which would occur at this very corner and meet that requirement. Mr. Dorling stated there is also a waiver to the building height and the current design guidelines require a minimum building height of 25 feet. This building is currently at 15 feet and the small enclosure at the corner would also be at that 15 feet. The fourth waiver relates to the transparency along the street and there is a requirement along Atlantic Avenue that 75% of the wall area be in glass service area and the improvements will be limiting that to 42 %. Mr. Dorling stated the intent in the design guidelines is particular to streets along Atlantic Avenue which are supposed to be pedestrian oriented and it was to promote window shopping. Mr. Dorling stated this is a building that is set one block off the Avenue and is really an office and therefore they are seeking relief from that. 17 11/16/10 . At its meeting of October 27, 2010, the Site Plan Review and Appearance Board (SPRAB) recommended approval. Mayor McDuffie stated if anyone would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated she attended the SPRAB meeting on October 27, 2010 and the Board expressed concern about saving the tree that is in the back and suggestions were made on how to manage the tree. Mrs. Finst stated she would like the City Commission to endorse the saving of the tree. There being no one else from the public who wished to address the Commission regarding the waiver requests, the public hearing was closed. .Mr. Dorling stated the tree is not impacted by these waivers. He stated there was a request by the applicant to remove that tree which was not endorsed or approved by staff. Therefore, Mr. Dorling stated it is his understanding that there is no change to its current condition and the tree stays. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Eliopoulos moved to adopt the Board Order as presented, seconded by Mr. 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.C. "WAIVER RE UESTS /TEMPORARY USE PERMIT/DELAIRE COUNTRY CLUB: Consider a request for a temporary use permit and two (2) waiver requests to allow installation of a self contained portable kitchen trailer associated with Delaire Country Club located at 4645 White Cedar Lane. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011 -021 into the record. Mr. Dorling stated these are three separate actions; one is a temporary use permit for a self contained portable kitchen and then two waiver requests. One of those waiver requests is to allow the use of a portable kitchen to be considered one of the 18 11/16/10 permitted temporary uses and the other waiver is to allow an increase in the maximum size of a temporary structure from what is currently allowed at 10 feet x 12 feet to 81/2 _ feet to 20 feet pursuant to the specific kitchen trailer that is being proposed. At its meeting of April 14, 2010, the Site Plan Review and Appearance Board (SPRAB) approved a Class IV site plan application to partially demolish and renovate the existing Club House and build a new clubhouse approximately 47,199 square feet. The partial demolition includes everything except the current kitchen within the existing building facility at Delaire Country Club. On July 6, 2010, the City Commission approved a temporary use permit for a structural tent and two waiver requests; one to allow the use of the structural tent to house the dining facilities at Delaire Country Club for a period not to exceed 18 months while the club house is being renovated. Mr. Dorling stated the tent has been erected and now they are in demolition and there has been slight impact to the existing kitchen and they would like to provide a temporary kitchen in a trailer form to supplement that dining facility. Mr. Dorling stated the first waiver is to LDR Section 2.4.6(F), "Temporary Use Permit" to allow the portable kitchen use to be considered as one of the permitted temporary uses. Mr. Dorling stated this is internal to Delaire Country Club. Mr. Dorling stated staff is suggesting that the temporary use permit be allowed for 18 months from issuance similar to what the tent facility was approved for and when the 18 months ceases the site be returned to its original condition and noted this is attached as a condition of approval. Staff recommends approval of associated two waivers that would be necessary to accomplish this. Mike Covelli, Applicant, stated this is a supplemental kitchen and noted that there is going to be heavy capacity with the residents coming back down for the season and guests, etc. and they want to make sure they can handle that. Mr. Covelli stated no matter where you are on the site you cannot see this from any streets surrounding this because it is back behind the tennis courts with the fencing and trees. Ron Ellish 16920 Silver Oak Circle Delray Beach FL 33445 briefly discussed last,: year's Ribbon Cutting Ceremony and stated he is also on the Construction Committee and is also a builder in the community. Mr. Ellish stated they are proud of what they are'bringing to Delray and thanked City staff and everyone involved. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests or temporary use permit for Delaire Country Club, to please come forward at this time. There being no one who wished to address the Commission, 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). W, 11 /16 /10 Mr. Frankel 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. Mr. Eliopoulos moved to approve the temporary use permit subject to the condition contained on page two in the Planning and Zoning staff report, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie --- Yes; Mr. Eliopoulos — Yes; Mr. Fetzer — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 9.D. PROPOSAL FOR COMPREHENSIVE ANALYSIS OF FIRE SERVICES/ICMA PUBLIC SAFETY SERVICES: Consider a proposal from ICMA Public Safety Services for a Comprehensive Analysis of Fire Services. The City Manager stated the Financial Review Board (FRB) looked at studies that had been done with the West Palm Beach Fire Department and potential cost savings that were identified in those studies were very substantial. The City Manager stated they have asked that we consider doing a similar study for our own Fire Department. As the Commission is aware, the City Manager stated the City has a study ongoing now that we have contracted with ICMA Public Safety Services for staffing and employment of our Police Department. The City Manager stated in response to the interest of the Financial Review Board he requested a proposal from ICMA for a study of the City's Fire- Rescue Department. The City Manager stated they are already analyzing the City's computerized dispatch data for the study of the Police Department so they are well positioned to do this study and they are also very familiar with what is going on in the service not only in the United States but around the world. The City Manager stated after getting their proposal, the Financial Review Board had some questions about it so staff was able to arrange with Mr. Leonard Matarese, Director of Research and Project Development /ICMA Center for Public Safety Management, to meet with the Board. The City Manager stated the Board asked the Mayor to sit in on that meeting also and they were very pleased with his responses to their questions and the Board has recommended that we engage ICMA Public Safety Services to do a comprehensive review of the City's Fire- Rescue Department, The City Manager stated staff requests that the Commission approve the proposal and when we actually write a contract with them we will ask them to change the payment schedule to make it similar to what we negotiated for the Police Department study where it split into roughly four (4) equal payments spread over the four month time span of the study. Mayor McDuffie stated he sat in on the last meeting and feels it was very informative and the representative was very knowledgeable about the subject matter. Mayor McDuffie stated Mr. Matarese has a pretty good idea of technologies that he has never heard of and if nothing else we can get a good look at how well we are doing our job, how well we are running and how up -to -date we are. Mayor McDuffie stated it would be a tremendous expenditure of our money to find out where we stand with technology and fire service. ME 11/16/10 Mr. Frankel moved to approve the proposal for the Comprehensive Analysis of Fire Services, 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.E. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray stated she would like to defer her appointment to the next regular meeting of December 7, 2010. 9.F. 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 moved to appoint Isabel Make as a regular member to the Police Advisory Board for an unexpired term ending July 31, 2012, 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.G. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board for an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he wished to appoint Ora Sorenson as a regular member to the Public Art Advisory Board for an unexpired term ending July 31, 2011. Mr. Eliopoulos so moved, 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.H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: ;Appoint one (1) regular member for Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Susan Sims as a regular member for Zone 1 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2013, 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. 21 11/16/10 12. FIRST READINGS: F�Krf - 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager stated Mayor McDuffie indicated that he had a conversation with Shannon LaRocque, Assistant County Administrator for Palm Beach County, about the project on S.W. 12th Avenue /Auburn Avenue /S.W. 14th Avenue and stated there are two separate grants. The City Manager stated the first grant S.W. 12th Avenue and S.W. 14th Avenue is funded in part with County funds up to $1 million. The design is over 60% complete and the current schedule anticipates construction beginning in March 2011 and the agreement with Palm Beach County indicates that construction must be completed by September 2011. The City Manager stated the second grant for Auburn Avenue is funded in part with the Disaster Recovery Initiative Funds up to $1 million. The project includes the corridors of Auburn Avenue between S.W. St Street and S.W. 7th Street; S.W. 131h Avenue and S.W. 121h Avenue from S.W. 10th Street to S.W. 8th Street; and S.W. 81h Street from Auburn Avenue to S.W. 12th Avenue. The design is 90% complete and the current schedule anticipates construction beginning in February 2011. The City Manager stated the Interlocal Agreement indicates this project was to be completed by March 31, 2010, but the County has assured the City that they will be requesting a time extension for this project. The City Manager stated construction documents have been sent to the County for review and comments are expected in the next couple of weeks. Secondly, with regard to Commissioner" Gray's concern expressed about her confrontation with a panhandler at the Tri -Rail Station, the City Manager stated the Tri -Rail station is property controlled by the South Florida Regional Transportation Authority and the Director of Security for Tri -Rail is Allen Yoder. The City Manager stated per Mr. Yoder, the only security provided at the station other than what the Police Department conducts is by Wackenhut which provides intermittent roving patrols. There are only two railroad Police Officers assigned to the South Florida District and they are usually patrolling the Dade County area. The City Manager stated Mr. Yoder can authorize the posting of signs and is in favor of this. The station maintenance manager stated they would be willing to post any signs the City of Delray Beach can provide. The City Manager stated there have been a number of incidents recorded at the station; however, there have been no previously reported complaints of panhandling. He stated officers have made previous panhandling arrests at different locations in the city and some conflicting information has been received, however, should they decide to post at this location the City may want to consider using the Trespassing Statute rather than the City of Delray Beach ordinance. The City Manager stated for the time being, the Police Department will request directed foot patrols by the beat officers to increase the presence in that area. 22 11/16/10 The City Manager stated with regard- to Commissioner Eliopoulos' concern regarding the condition of the Ralph Buick site, the City Manager stated the City's code officer has been in touch with the Property Manager, Janice L. Griffin, Corporate Council for Phil Smith Management, Inc. located in Lighthouse Point. The City Manager stated an inspection of the building shows that they are structurally sound, with the exception of one door that the owner will secure, the buildings are all secured. The property perimeter is secured and there has not been any illegal dumping. On November 10, 2010, Code Enforcement staff walked the entire property and could not find any evidence of homeless camping. The property is scheduled for mowing this week and the few loose palm fronds remaining will be removed. The City Manager stated routine maintenance is anticipated to continue. With regard to Mr. Eliopoulos' concern about the problem with the site distance at the corner of N.E. 15t Street and northbound Federal Highway, the City Manager stated the City's Landscape Planner is working with the Property Manager to correct this situation by removing the landscaping causing the problem and having some appropriate landscaping installed to replace it. The City Manager stated he will be out Thursday, November 18, 2010 and Friday, November 19, 2010 along with Commissioner Gray attending the Florida League of Cities Legislative Conference in Orlando. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission. U.C.I. Mr. Frankel Mr. Frankel congratulated Christine King and Jason Dollard for the BachelorBachelorette Auction held last week. Mr. Frankel stated they raised over $10,000.00 for the Delray Education Foundation. Secondly, Mr. Frankel invited the Commission and the public to the Menorah Lighting on Wednesday, December 1, 2010 at Old School Square. 13.C.2. Mrs. Gray Mrs. Gray stated on Saturday she attended the Installation Service for Pastor Kenneth Dukes at St. John Primitive Baptist Church and on behalf of the City she did the greeting. Secondly, Mrs. Gray stated she will be traveling utomorrow evening to attend the Florida League of Cities Conference in Orlando. 23 11/16/10 Lastly, Mrs. Gray stated with regard to the grant request from the Chamber of Commerce, she feels the Commission should wait until mid -year to look at this again because there are three Commission seats that are up for election next year and feels it is going to affect their decision so she wanted to wait until after the election before reviewing their request. Mrs. Gray stated when the Commission does review it he would like to have the input of the economic development people that the City partners with as well. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos stated the Education Foundation Event at 1L Bacio's restaurant was great. Secondly, Mr. Eliopoulos stated he attended the Downtown Development Authority (DDA) meeting about a week ago and Clean and Safe did a presentation. Mr. Eliopoulos stated one of the restaurant owners has been writing the Commission about the difference between what you would call restaurants and bars. Mr. Eliopoulos stated there is documentation about the failures of Clematis Street and even Las 41as which is actually making a comeback. He stated he does not know if there is a problem having what you would call a dining downtown and as the night gets on it turns into the night life. Mr. Eliopoulos stated Mr. Marincola keeps bringing up that there are certain regulations that restaurants need to operate with percentage to food sales, etc. and he is suggesting that some of these places that are opening up is really more of a facade and they are truly not serving meals but that they are geared for night life. Mr. Eliopoulos stated with regards to the economic development grant and the presentation, he was under the impression that they were going to come back and talk to the Commission. Mr. Eliopoulos stated he believes that economics in this economy are going to be huge in how we bring businesses to the community. Mr. Eliopoulos stated he would like to continue with this and he is not stating that the City should be giving out a ton of money but he really thinks that we owe it to listen and he would like the Commission to consider that. Lastly, Mr. Eliopoulos asked Mrs. Gray to clarify her comment about the grant request from the Chamber having to do with the elections because he does feel it has anything to do with the elections. Mrs. Gray stated she feels there is a lot of pressure coming from the Chamber and business owners and she does not feel it is fair in this economy that the Commission seats that are up for election have to deal with it. Mr. Frankel stated he concurs with Commissioner Eliopoulos that Segway is a City issue and not an election issue. 13.C.4. Mr. Fetzer Mr. Fetzer commented about when the Commission had their Strategic Planning Meeting with Lyle Sumek and stated economic development is listed as a high 24 11/16/10 priority item and he believes that is the case. Mr. Fetzer stated economic development is a very strong responsibility of this Commission and the City. He concurs with Commissioner Eliopoulos and would like us to continue to have the discussions with the people from the Chamber of Commerce and brainstorm this and try to come up with a longer term plan. Secondly, Mr. Fetzer stated another item the Commission talked about with Lyle Sumek was trying to come up with a long term funding plan for the library. Mr. Fetzer stated he has been talking with Alan Kornblau and they have a presentation tomorrow evening where they are going to be looking at establishing a separate foundation in hiring a Development Director. Mr. Fetzer commented on the ribbon cutting ceremony downtown for Segway and stated that is not an approved use in the Central Business District (CBD). Mr. Fetzer stated he received information from Mr. Harden and Mr. Dorling on this and this goes back to restrictions that the City put on the CBD in the 1990's. Mr. Fetzer suggested that this be readdressed because the technology has changed tremendously. Mr. Fetzer suggested that staff revisit those ordinances that were created back then to see if there is a way to modify that to see if this would be acceptable to our residents to have these types of businesses approved. Mr. Fetzer stated Segway is in violation because they do not have an occupational license; however, he would like to see them operate their business if the City can get through the legalities to' do this. Mr. Fetzer asked the Commission to support revisiting those ordinances and see. if they feel if is appropriate to make changes at this time. Lastly, Mr. Fetzer wished everyone a Happy Thanksgiving, 13.C.5. Mayor McDuffie Mayor McDuffie stated we need to look at economic development and need to make 'certain that everyone is working together so we all understand exactly what all these agencies are doing and how it fits together so that we are working and using our money and manpower the best way we can. Secondly, Mayor McDuffie stated Jason and Christine did an amazing job with the fundraiser at IL Bacio's and noted this was a very successful event. Mayor McDuffie stated he went to Fire Station #5 to ride along and have dinner and the meal was phenomenal. Mayor McDuffie stated he attended the Hobbit Skate Park Tournament at the 505 Teen Center. Mayor McDuffie stated he had an hour meeting with Mary Wong with Office Depot and it was a very productive meeting. He stated with regard to funding they are in dire straits and there will be no turkeys this year at all. Mayor McDuffie stated it is 25 11/16/10 basically going to be Publix gift cards and Office Depot has gone out and made a deal with one of the wholesalers and they are picking up can goods, etc. and will put baskets together with the gift cards for people to go to Publix and buy whatever they want. Mr. Fetzer stated he met with Juanita from the Caring Kitchen this morning and Nancy Stewart has been heading up a drive to get turkeys to help make up for the deficiency of what Office Depot is going to do. Lastly, Mayor MCDuffie wished everyone a Happy Thanksgiving. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:12 p.m. ATTEST: )'O'SO4 Q-4k- MAYOR 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 16, 2010, which Minutes were formally approved and adopted by the City Commission on December 7, 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. 26 11/16/10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the Site Plan Review and Appearance Board's denial of a Class I Site Plan and Architecture Elevation associated with the construction of a glass solarium structure on the third floor of the Atlantic Ocean Club located at 217 & 219 E. Atlantic Avenue has come before the City Commission on November 16, 2410. 2. The Appellant, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Site Plan Review and Appearance Board's denial of a Class I Site Plan and Architecture Elevation associated with the construction of a glass solarium structure on the third floor of the Atlantic Ocean Club located at 217 & 219 E. Atlantic Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection 1. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered in the review of plans for building permits.. If the following criteria are not met, the application shall be disapproved. (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environmental or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. A glass solarium structure with white painted frames is being proposed on the third floor of the existing building to extend the restaurant area. The south face of the solarium will be pulled away 5' (to the north) from the south parapet wall, in -line with the existing egress stair. All the vertical lines - mullions and structure - will be lined -up with the established lines of the clerestory windows above. The applicant has indicated that City Commission Meeting on November 16,2010; Item 9.A. the main goal of the proposed glass structure is to allow the clientele to have a quiet and peaceful environment while enjoying dinner. The applicant has also indicated that in order to preserve the restaurant from the noisy atmosphere generated from neighboring establishments along East Atlantic Avenue, an enclosed solarium glass structure has been proposed. The roof -top restaurant is intended to serve also as a sightseeing area where customer will enjoy a view of Delray Beach at night while enjoying dinner. The glass structure solarium proposed will create the sense of modern urbanized downtown development which is the intent of the CBD District Design Guidelines. Have the requirements of 4.5.18(E) been met? Yes 4 No 1 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the „ record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the appeal and hereby adopts this Order this 16th day of NovbTber, 2010, by a vote of 4 in favor and 1 ATTEST: tl Nelson 8. McDuffie, Chevelle �Nubin����� City Clerk 3 .. 2 City Commission Meeting on November 16, 2010; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY THE ATLANTIC OCEAN CLUB I. This waiver request came before the City Commission on November 16, E 2010. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by the Atlantic Ocean Club. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Building Setback: Pursuant to LDR Section 4.4.13(F)(4)(c)(2), the required building frontage along Railroad Avenue setback at a minimum of 15' needs to be 88.6' (70% of the lot frontage 126.6' x 0.70 = 88.6'). The applicant is proposing a 78.5' building frontage setback at 15' minimum. Should the waiver be granted for the building setback? Yes 5 No 0 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained City Commission Meeting on November 16, 2010; Item 9.A.1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order, 7, Based on the entire record before it, the City Commission approves ✓ denies the waiver requests and hereby adopts this Order November, 2010, by a vote of 5 in favor ari-L'11— oppose� ATTEST: Chevelle Nubin City Clerk S. McDuffie, day of 2 City Commission Meeting on November 16,2010; Item 9.A,1 mlimmo.m. fro ht s t t for buW, ngs wth r r 'rrdent��l 'uses Vin_ ihe; ground is l' f66t. ' . T� `e exdst�ng t (t rn ;` i. a c�rtirar �f Yh tl tic t ro h t€ r a-In h IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF A SELF CONTAINED PORTABLE KITCHEN FACILITY DURING THE RENOVATION OF THE EXISTING DELAIRE COUNTRY CLUB 1. These waiver requests to allow a temporary use permit to allow the use of a self contained portable Kitchen facility during the renovation of the existing Delaire Country Club came before the City Commission on November 16, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2,4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall 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. A. Waiver to Allow a Temporary Use Permit for a Self Contained Portable Kitchen Facility at the Delaire Country Club: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.6(F) to permit the use of a temporary self contained portable kitchen to be located at the Delaire Country Club at 4645 White Cedar Lane— Does the waiver request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(B)(5)? Yes ✓ No City Commission Meeting on November 16, 2010; Item 9.C. B. Waiver to Allow the Increase of the Maximum Size of the Temporary Structure: LDR Section 4.4.3(1) (3) provides that the maximum size of a temporary structure is 10' by 12'. The Applicant is requesting a waiver to allow a temporary structure that is 8'6" by 20'. Does the waiver meet all the requirements of 2.4.7(B)(5)? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests to LDR Section 2,4.6(F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 16th day of November, 2010, by a vote of 5 in fakor and 0 opposed. ATTEST: Nelson S. McDuffie, Chevelle Nubin, City Cleric KA City Commission Meeting on November 16,2010; Item 9.C. Exhibit "A" Conditions Related to the Waiver Request to Allow a Temporary Self Contained Kitchen at the Delaire Country Club 1. That the temporary self contained kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the Temporary Use Permit be valid for more than 18 months from the issuance of same. 3 City Commission Meeting on November 16, 2010; Item 9.C.