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06-21-11 Regular City Commission Minutes.pdfJUNE 21, 2011 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, June 21, 2011. 1. Roll call showed: Present - Commissioner Tom Carney 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 Rabbi Howard Meridy, Jewish Spiritual Leader at Abbey Delray South. 3. The Fledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated staff has requested to remove Item S.N.1, Randolph and Dewdney Construction, Inc. from the Consent Agenda. Also, Mayor McDuffie noted the addition of Item 9.Q., Service Authorization No. 07-15.3/Mathews Consulting, Inc. to the Regular Agenda by addendum. Mr_ Frankel moved to approve the Agenda as amended, seconded by Mr. Carney. Upan roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Cray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of June 7, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel --- Yes. Said motion passed with a 5 to 0 vote. 06/21/11 6. PROCLAMATIONS: 6.A. 100 Da s of Centennial Celebrations -- Jul 2 2011-October 9 20ll Mayor McDuffie read and presented a proclamation hereby proclaiming July 2, 2011-October 9, 2011 as 100 Days of Centennial Celebrations. Mr. Roy Simon came forward to accept the proclamation and gave a few brief comments. 6.B. Parizs and Recreation Month -July 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming July 2011 as Parks and Recreation Month in Delray Beacb. Danielle Beardsley came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 24-11: Approve Resolution No. 24-11 recognizing and commending Patsy Fox for 30 years of dedicated service to the City of Delray Beach. The caption of Resolutian No. 24-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING PATSY FOX FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 24-11 is an file in the City Clerk's office.] Mrs. Gray moved to approve Resolution No. 24-11, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT: Approve the Replat of Tract A-1 and a portion of Tracts A, B, F, and E-2, Congress Park, for Alta Congress located along the west side of Congress Avenue between Lawson Boulevard and West Atlantic Avenue. $.B. LANDSCAPE MAINTENANCE AGREEMENT/KCMCL PINEAPPLE GROVE LTD.: Approve a Landscape Maintenance Agreement with KCMCL Pineapple Grove Ltd., for landscaping within the adjacent rights-of--way associated with the Hyatt Place project located at Pineapple Grove Way {N.E. 2n~ 2 06/21/11 Avenue), N.E. 1St Street, and N.E. 1St Avenue. B.C. AMENDMENT NO. 1 TO THE_INTERLOCAL AGREEMENT; COMMUNITY REDEVELOPMENT AGENCY CRA FOR FUNDING OF CONSTRUCTION & PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services fox certain projects as listed on Exhibit "A" attached to the Agreement for FY 10111. B.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT ( „),,, IIUTTLE BUS SERVICE: Approve an Interlocal Agreement with AGENCY CRA /S ,,,,_, the Community Redevelopment Agency (CRA) for the funding of the shuttle bus service through September 30, 2011. 8.E. GRANT APPLICATIONIEDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for funding in the amount of $53,503.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG} program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. 8.F. THIRD AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7th AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Third Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7t» Avenue between N.E. 1St Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of ninety days. B.G. LANDSCAPE MAINTENANCE AGREEMENTICDS DELRAY REDEVELOPMENT, LLC.,/CDR ATLANTIC PLAZA, LTD: Approve a Landscape Maintenance Agreement with CDS Delray Redevelopment, LLC., and CDR Atlantic Plaza, Ltd. regarding the Atlantic Plaza development located on the north side of Atlantic Avenue between Veterans Park and northbound Federal Highway. 8.H. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of vendors for Professional Services required to carry out activities under the Neighborhood Stabilization Program (NSP), contingent on the list being approved by the Florida Department of Community Affairs. Funding is available from 118-1935-554-34.90 (Neighborhood Services: Other Contractual Service). 8_I. RESOLUTION NO. 23-1I: Approve Resolution No. 23-11 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 23-11 is as follows: OG/21111 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCi.JRRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. office.} (The official copy of Resolution No. 23-11 is on file in the City Clerk's B.J. CONSULTING SERVICE AUTHORIZATION NO. 07- 05.11KIMLEY-HORN AN_D ASSOCIATES, INC.: Approve Consulting Service Authorization No. 07-05.1 to Kimley-Horn and Associates, Inc. in the amount of $113,400.00 for design of the Federal Highway Enhancements. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvements/Federal Highway Beautification), 442-5178-536-68.52 {W & S Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification} and 448-5461-538-68.52 (Storm Water Utility Fund: Other Improvements/Federal Highway Beautification). 8.K. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENTI DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve a Funding Agreement with Delray Youth Vocational Charter School in the amount of $15,000.00 for a Social Worker to provide counseling services under the Weed & Seed Program (now known as the Coalition for Community Renewal). 8.L. SPECIAL EVENT REpUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse Art and 3azz on the Avenue to beheld on August 18, 2011 from 6:00 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 the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the eastlwest alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4~' Avenue; to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and 4 06/21/11 removal, trash removal and clean up and EMS assistance. B.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 6, 2011 through June 17, 2011. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Randolph and Dewdney Construction, Inc. in the amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding is available from 334-4127-572-52.10 (General Construction Fund: Building). 2. Purchase award to CDW-Government, Inc. in the amount of $69,440.78 for replacement data switches and cables to be installed throughout the Environmental Services Department Complex. Funding is available from 442-5178-536-62.45 (W & S Renewal & Replacement Fund: Buildings/Data Cabling). 3. Purchase award to Kubota Tractor Corporation in the amount of $18,493.80 for a replacement tractor for the Delray Beach Municipal Golf Course. Funding is available from 445-4761-572- 64.90 (D B Municipal Golf Course: MachinerylEquipment: Other MachinerylEquipment). 4. Emergency blanket purchase award to Airgas in the amount of $23,400.00 for the bulk delivery of liquid carbon dioxide (CO Z) as needed. Funding is available from 441-5122-536.52-21(Water & Sewer Fund: Operating Supplies/Chemicals). Mrs. Gray moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a S to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUESTS1202 NORTH SWINTON AVENUE: Consider approval of three (3) waiver requests to Section 4.6.9(Dj(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 38'6"; Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9' and Section 4.6.9(D)(3)(a-b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue associated with the Class V site plan modification far 202 North Swinton Avenue. (Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judieial Hearing into the record for this item and all subsequent Quasi-Judicial items. S 06/21/11 Chevelle D. Nubin, City Clerk, swore in those who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2006-423 into the record. Mr. Dorling stated this is a request for approval of three waivers for property located at 202 North Swinton Avenue. The first waiver seeks a relief for a requirement of minimum required combined depth far a parking space off an alley of 42 feet and the request is for 38 feet 6 inches. The second waiver seeks relief to reduce the required width of parking spaces which back out into the alley from 10 feet to 9 feet and a third waiver is to reduce the required driveway width from 24 feet to 18 feet at the point of access on North Swinton Avenue. Mr. Dorling stated the waivers are in association with the Certif cote of Appropriateness (COA} and a Class V Site Plan for site improvements associated with a change of use from single-family residential to office. He stated these were considered by HPB concurrently and they recommended approval with a 7 to 0 vote on all three waivers, the COA, and the Class V Site Plan. Mr. Dorling stated as it relates to the property. The first waiver is to the depth and the other issue relates to the width of these parking spaces and they are required to be ten feet and that is of particular concern if the depth for the cars to back out is reduced by the Commission tonight staff would not be supportive of a change in the width. Staff does support this waiver and while staff does not believe that 42 feet is justifiable the staff report says that a reduction to 39 feet 6 inches is supportable in that when this gets developed there will be an additional 2 '/2 feet that will be required for dedication which will then provide that full 42 foot dimension. Staff also supports the reduction in width if the applicant agrees to provide that additional depth and recommend approval of the waiver. Jess Sowards, Architect, Currie Sowards Aquila Architects, 134 N.E. 15t_Avenue,_Delray Beach, FL 33444 (Applicant), commented about the parking off the alleyway and the reason they are asking for that waiver. Mr. Sowards stated they do have space that they can go to the 39 feet 6 inches and the reason they are requesting these waivers is this is in the historic district and they are looking for green space. He stated the reason the 39 feet 6 inches is not required is because this is an unusual condition where in an alleyway normally they do not have parking on the opposite side of an alley and usually it is someone's property that is being utilized as a yard or a driveway. Mr. Sowards stated it is really 29 feet between end of parking stall and end of parking stall; in most parking lots you have 24 feet. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie stated if anyone from the public would like io speak in favor or in opposition of the waiver requests, to please came forward at this time. 6 06/21/11 Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed concern about the parking on the north side of Swinton Avenue. Mrs. Frost stated this is a historic house and should have full view. She stated there were several proposals made to move the parking over to the west to cut the parking out of the front. Mrs. Frost urged the Commission to look into this to make sure they have the parking where it needs to be but yet does not block the view of this historic house which is a landmark in the city. There being no one else who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination. Mr. Dorling gave the following rebuttal: Mr. Dorling stated the two waivers; one to the width of the stalls and the width of the driveway should be supported. Staff recommends that the applicant provide an additional 1 %z feet so that there is proper maneuver ability pursuant to the Code. He stated although the applicant brings up a good point that there is increased width than a standard parking lot this is a thoroughfare down the middle of these parking spaces and therefore is a different condition. Staff believes the 1 1/2 feet provision would be prudent at this point. Mr. Sowards stated there was question at the Historic Preservation Board {HPB) about the parking in the front and in the previous plan it was further in the front but the plan has changed. This reflects the change so that the parking has been moved fizrther to the west and less in front of the existing building. Therefore, some modifications were made at the request of the HPB. Mr. Carney supports staff s recommendation regarding the 39 feet 6 inches and agrees with the other waivers that were requested. He feels we need to be consistent with the Code unless special circumstances exist and he does not feel that they do in this case. Mrs. Gray stated she concurs with staff's recommendation. Mr. Fetzer concurs with comments expressed by Commissioner Carney. The City Attorney briefly reviewed the Board Order with the Commission who rr~ade findings according to their consensus {attached hereto is a copy and made an off cial part of the minutes). Mr. Frankel moved to adopt the Board Order with the change to first waiver to 39 feet 6 inches, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -- Yes; Mr. Carney --- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 7 06121111 9.B. WAIVER REQUESTS/130 S.E. 7th AVENUE: Consider three (3} waiver requests associated with the Certifcate of Appropriateness for 130 S.E. 7t'' Avenue including waivers to Land Development Regulations (LDR) Section 4.b.14(C}, "Sight Visibility: Intersections", to permit a fence measuring 4' in height within the sight visibility triangle at the rear of the property, where a maximum height of 3' is permitted; Section 4.5.1(E}(3}(a}1.c., "Fences and Walls", to permit an arbor measuring 9' in height within the front setback, where a maximum height of 4' is permitted; and Section 4.5.1(E)(3}(b}1., "Parking" , to permit the location of a circular driveway at the front of the property, whereas the parking should be adjacent to the building or in the rear. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those who wished to give testimony an this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. At this time, Mr. Fetzer was away from the dais. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-023 into the record. Mr. Dorling stated this is a request for three waivers far property at 130 S.E. 7th Avenue. Mr. Dorling stated the first waiver is to permit a fence measuring 4 feet in height; the second waiver is to permit an arbor measuring nine feet in height within the front setback where a maximum height of structures is four feet; the third waiver is to allow an unscreened circular driveway in the front of the property. Mr. Dorling stated this Is part of a Certificate of Appropriateness (COA) considered by the Historic Preservation Board (HPB) at their Apri120, 2011 and recommended approval of both the COA and the three waivers with a 7 to 0 vote. He stated staff supports the first waiver given the low volumes of traffic in that alley and is at four feet rather than the three feet that is required. Mr. Dorling stated the intent of the arbor is to prohibit the screening of the structure. Mr. Dorling stated with. regard to the last waiver there are special f ndings necessary to have parking in the front yard this is actually in response to the HPB review of this project. As an alternative, the HPB suggested that they do this configuration and in doing so they need to get the appropriate relief. Staff recommends approval of all three waivers as did HPB. Gary Eliopoulos, Architect with GE Architecture, 205 George Bush Boulevard, Delray Beach, 33444, supports and agrees with staff: s recommendations. Mr. Eliopoulos gave a brief PowerPoint presentation outlining the project and stated this house was severely damaged during Hurricane Wilma. Mr. Eliopoulos stated the Board wanted to slow down the traffic and although they had two parking spaces in the front they felt that was something a little less evasive and with cars backing out that the circular driveway would serve that puzpose. 8 06/21/11 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please tonne forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Carney concurs with staff s recommendation. 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}. Mrs. Gray 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. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR IN-LIEU PARKING SPACESIJHB FLORIDA PROPERTIES, LLC: Consider a request from JHB Florida Properties, LLC far the purchase of two {2} in-lieu parking spaces in the amount of $31,200.00 for Burger Place, located at 12 S.E. 5~ Avenue. {Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those 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 Attorney Jeffrey Lynne, Attorney Michael Weiner, received an email but did not respond from Bruce Gimmy, and he was present at the Downtown Development Authority {DDA) meeting and while he did not participate in the discussion he was privy and did listen to it. Mrs. Gray stated she spoke with Attorney Michael Weiner. Mayor McDuffie had no ex parte cormunications to disclose. Mr. Carney stated he spoke with briefly with Attorney Michael Weiner. Mr. Fetzer stated he spoke with briefly with Attorney Michael Weiner. At this point, Chevelle D. Nubin, City Clerk, swore in Scott Aronson, Parking Management Specialist. Scott Aronson, Parking Management Specialist, stated Burger Place has submitted a Class III site plan modification for the conversion of use from Faxy's Ice Cream Parlor at 12 S.E. 5~~' Avenue, currently considered retail, to restaurant and a 30 foot square addition. Mr. Aronson stated LDR Section 4.4.13(G)(1) requires the provision of parking for change of or expansion of use resulting in a higher parking requirement. The 828 square foot former retail is vested as 1 space per 300 square feet, while the restaurant requires 6 spaces per 1,000 square feet of total floor area, with the difference resulting in two (2) additional spaces being required. The subject property is 9 06/21/11 located in area 2 where spaces are $15,600.00 per space, totaling $31,200.00. If approved, the applicant also wishes to enter into the payment agreement requiring 50% paid upon ratification of the agreement and rivo 25% payments on the second and third anniversaries of the agreement. LDR Section 4.6.9(E){3) allows for the approval of a payment in lieu of providing parking spaces, if it is impossible or inappropriate to provide such spaces. Mr. Aronson stated the surrounding area has had 28 in-lieu parking spaces granted over the years and totals of 169 parking spaces in the three (3) nearby lots south of Atlantic Avenue between 4th and 6th Avenue. He stated the actual time that this in-lieu has been approved for has been for all restaurants which create a greater demand after 6:00 p.m. to the remainder of the evening. Mr. Aronson noted that these utilization studies were completed in 2009 in the midst of economic struggles. He stated staff looked at the utilization trends in the area and weekdays were not much of a challenge with parking and lots ran 50-70% utilization; however, weekends ran operated over 100% utilization after 6:00 p.m. Staff expressed concern that too many in-lieu spaces in a small concentrated area without ample parking are going to eventually create a negative impact. Mr. Aronson stated he has received calls from restaurants in that area complaining about the lack of parking in the immediate area. Mr. Aronson stated Comprehensive Plan Policy C-4.1 encourages the rehabilitation and revitalization of the CBD and suggests accommodating parking needs through innovative actions which the in-lieu of program is but at some paint in time some other innovations need to be looked at such as off-site parking agreements. At its meeting of May 24, 2011, the Parking Management Advisory Board recommended approval of the applicant's request with a 9 to 1 vote (Gimmy dissenting). Staff recommends denial of the applicant's request. .leffrey Lynne, Attorney with Weiner & Lynne,P.A.,_10 S.E. 1St Avenue, Delray Beach, FL 33444 (reuresenting the apAlicant), stated their client is the perspective tenant seeking to move into the space that was formerly Foxy's Ice Cream on South Federal Highway and now is vacant seeking occupancy. Mr. Lynne stated their client seeks to use the existing S28 square foot store which once served ice cream and now seeks to serve hamburgers as Burger Place. He stated Burger Place has requested to purchase those two spaces as in-lieu spaces. Mr. Lynne stated staff's denial of the in-lieu fee for the two spaces is premised upon the 2010 Parking Study that was commissioned by the City Commission. He stated the 2010 Parking Study has not been adopted by the City as part of the Comprehensive Plan, has not been adopted as the Land Development Regulations nor have the fmdings of that study been yet adopted as any part of the Code. However, Mr. Lynne stated last night before Planning and Zoning the City did bring forth the first of many LDRs to codify the recommendations of the parking study. Mr. Lynne stated tomorrow night's submittal for SPRAB acknowledges that "it is impossible or inappropriate to provide parking at this location. He stated there is not sufficient room on the site to establish additional parking. Therefore, the applicant is requesting the purchase of two in-lieu parking spaces at a cost of $15,600.00 for a total of $31,200.00 to be paid in full." Mr. Lynne stated staff is also recommending denial of that change of use based upon another non-adopted study known as the 2004 Cluster Analysis which is commissioned by the independent Downtown Development Authority. He stated the 10 06/21/11 Cluster Analysis provides no definite objective criteria by which this board or any board could apply. For the record, Mr. Lynne entered the staff reports and minutes from the meeting and asked that those be made a part of the record to support his representations. Mr. Lynne stated their client has met all the currently adopted standards for in-lieu parking and request that client be granted the right to purchase two (2} in-lieu parking spaces. He also asked the clarification be given by the City Attorney that neither the 2004 Cluster Analysis nor the 2010 Parking Study can legally service any basis to deny an application for a land development permit which otherwise meets the established standards of the Comprehensive Plan and the Code. Mr. Aronson stated they did not use any of the recommendations from the Parking Study and the only thing that they used was data that was collected during that study and prior to the other applications that Mr. Lynne referred to staff did not have such actual count of the data. Mr. Aronson stated staff used just the data that was collected which was not available to staff prior. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time_ There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Fetzer asked how large of a facility this is with regard to square footage. Mr. Aronson stated 828 square feet plus the 30 foot expansion which would be 858. Mr. Fetzer stated this needs a lot more discussion and large range thinking than what has been done. Mr. Fetzer stated he supports the approval of the request. Mr. Carney concurs with comments expressed by Mr. Fetzer and supports the application for the in-lieu parking spots. Mrs. Gray stated she does not see where they can actually come up with two parking spaces and therefore supports the waiver. Mr. Frankel stated he too supports the waiver request. Mayor McDuffie stated he supports this waiver. 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. Carney moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11 06/21/11 10. PUBLIC HEARINGS: 1~.A. ORDINANCE NO. 18-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide that skateboarding shall be prohibited in City-owned parking garages. The caption of Ordinance No. 18-11 is as follows: office.} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. {The off vial copy of Ordinance No. 18-11 is on f le in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance provides that skateboarding shall be prohibited in the City-owned public parking garages. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 15-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a S to 0 vote. 10.B. ORDINANCE NO. 19-11: Consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for installing automatic fire sprinklers in buildings which are reconstructed or rehabilitated. The caption or Ordinance No. 19-11 is as follows: 12 06/21/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9b, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", TO CLARIFY THE REQUIREMENTS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 19-11 is on file in the City Clerk's office.] The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance provides for an exemption from the Florida Fire Prevention Code for the reconstructionlrehabilitation of existing structures far the total area of the addition or renovation included in the modification does not exceed 50% of the area far building. Mayor McDuffie declared the public hearing open There being no one from the public who wished to address the Commission regarding Ordinance No. 19-11, the public hearing was closed. Mr. Carney moved to adopt Ordinance No. 19-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said xnotion passed with a 5 to 0 vote. At this point, the time being 7:07 p.m., the Commission moved to Item 11, Comments and Inquiries on prior Non-Agenda Items. a~er's response to prior public comments and inquiries. 11.A. City Man,___ The City Manager stated Mr. Matthew Sclier has expressed concern a couple of times over loud music emanating from vehicles on the street particularly Swinton Avenue. The City Manager stated this issue was taken up recently by the 2nd District Court of Appeals and the City has had its attorneys look at it and they believe the City can still enforce and issue citations for loud music emanating from vehicles. He stated officers have been instructed to continue to enforce the Statute when applicable and the motor unit also monitors that type of activity when they do their selective enforcements. The City Manager stated over the last l7 months the City has issued 36 citations for such violations and have confirmed that Riviera Beach has issued 6 citations 13 06/21/11 in the last 6 months. The City is coordinating the installation of signs regarding loud noise from vehicles and these signs will be placed on the Swinton Avenue corridor and will also place some around Pompey Park. 11.B. From the Public. 11.B.1. Marie Hanna 596 N.W. Silt Avenue Delra Beach FL 33445 (speaking on behalf of Rainberry Woods), briefly discussed the abandoned houses, illegal drug use activity, and gang parties on the weekend in Rainberry Woods. Ms. Hanna stated the City has purchased several homes in that community and asked if they could have one as a substation to help stop this. She stated due to the foreclosures even though the signs are up in the yard young teens and adults go in these homes and do illegal activities. Ms. Hanna stated in 2006 the redevelopment project for the paving of the streets began but was never completed. She also cornrnented about the inadequate lighting in the neighborhood and stated they have been going through the process with FPL for more lighting due to safety concerns. She urged the Commission to look into these issues. ll.B.2. Amanda Wallace, 3401 Avenue Villandry, Delray Beach, FL 33445, stated on October 19, 2010, the City of Delray Beach approved the Large Family Daycare and the application that she has to fill out and requested that this fee for the application be waived. ILB.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110.1. Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach briefly discussed plastic trash bottles and cups floating in the ocean and asked how an item that can affect the entire community be placed on a regular agenda so that the public can speak about it. At this point, the time being 7:15 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. PARHING LICENSE AGREEMENT/MAX'S HARVEST: Consider approval of a parking license agreement with Max's Harvest to establish a parking valet queue on the 100 block of N.E. 2nd Avenue. Scott Aronson, Parking Management Specialist, stated Max's Harvest (f/k/a Taste Gastropub) located at 16} N.E. 2nd Avenue (Pineapple Grove Way}, has submitted an application to establish a valet parking queue in front of its restaurant in the 100 block of N.E. 2nd Avenue. The request is for three (3} valet parking spaces near the restaurant entrance. The parking configuration on the east side of the block, in front of the restaurant, contains six (6) parallel parking spaces flanked by Landscape nodes. The three (3} southernmost spaces are requested for the queue, which staff supports as it provides ample distance to the intersection. Staff sees the request for the valet queue as proof that the City's efforts in making Pineapple Grove Way a destination spot are working. 14 06/21/11 The item has been presented to the Pineapple Grove Main Street Board, Parking Management Advisory Board, and Downtown Development Authority, which all recommended approval at their respective meetings. Staff believes that this is a good addition to the area. Mr. Frankel asked if there is any language in the agreements regarding the maximum prices per car that this valet queue can charge. Mr. Aronson stated it states that this is a one year agreement with a 30-day cancellation clause. Staff will be holding a meeting next Tuesday with the value queue holders to go over those modifications and then they would be subject to a revised agreement to meet those new requirements ($100.00 per space). Mr. Aronson stated what they can charge the patrons is going to be in the modified agreement. The City Attorney suggested that regarding the agreement tonight that we make this amonth-to-month agreement because staff is not sure when the meeting will take place anal what will come out of that. The City Attorney stated staff will modify the term and renewal provision of this particular agreement and that it be on a 30-day period, once it is approved tonight and that it renew until we give notice that it will not. He stated once Mr. Aronson meets with all the other members and it is determined and brought in front of the Commission as far as this is what staff is looking at then we can modify this agreement and get it on the same date and the same renewal schedule as all the other valet parking queue agreements. Mr. Frankel stated with the numerous valets operating in the city there is one that is charging triple what the others are charging and they are paying the same price. The City Attorney stated he is hesitant about what to put anything in the agreement at this point because he is not quite sure what that will be and he would like to keep it consistent. Mr. Aronson stated staff anticipates a modified agreement for City Commission sometime in July. Mr. Frankel moved to approve the Parking License Agreement with Max's Harvest as stated by the City Attorney amending this fora 30-day period with renewal after that, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 85th Annual Conference to be held at World Center Marriott in Orlando, Florida on August 11-13, 2011. Mr. Carney moved to approve Vice-Mayor Gray as voting delegate to the Florida League of Cities' 85~` Annual Conference to be held at World Center Marriott in Orlando, Florida on August 11-13, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 15 06/21/11 9.F. EXTENSION OF MANAGEMENT AGREEMENT/BCJE INC.IDUBIN AND ASSOCIATES: Consider a request to extend the Management Agreement with BJCE, Inc. for the Municipal and Lakeview Golf Courses and with Dubin and Associates for the Tennis Facilities for four {4} years in return fora 10% reduction in current management fees. Robert A. Barcinski, Assistant City Manager, stated this is a request from Sharon Painter offering a 10% reduction in exchange for a four (~#) year extension to the current Management Agreements for golf and tennis. These agreements currently expire September 30, 2012. Mrs. Gray moved to approve the request to extend the Management Agreements for the golf courses and tennis facilities for four (4} years in return fora 10% reduction in the fee starting in fiscal year 2011-12, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -- Yes. Said motion passed with a 5 to 0 vote. 9.G. CONTRACT/MORRISON-WILLOUGHBY: Consider a license contract between the City and Morrison-Willoughby allowing the sale of bottled water on the Municipal Beach. Staff recommends denial. Tim Simmons, Acting Director of Parks and Recreation, stated staff recommends denial of this contract and noted Ms. Karch sent a statement to the Commission regarding her concerns that it would open it up to other vendors selling on the beach as well. Mr. Carney stated this is a big issue for a lot of people and does not understand why there was not a discussion by the people who live on the beach as to whether or not they thought this would be a good idea for the beach. Mr. Carney stated he supports the recommendation that it should not be approved by many reasons mostly spelled out in the President of BPOA's letter which articulated that at this time this is not something the City Commission should consider. Mr. Frankel stated he utilizes the beach often and has never felt the need that someone would come up to him with a bottle of water for sale. He stated the City's beach has a certain charm and quietness to it. Mr. Frankel stated to sell water opens the floodgates and supports denial of the request. Mrs. Gray inquired how this got to the City Commission when we have been denying people for different issues. The City Attorney stated pursuant to the Code they have the right to make the request. The City Manager reiterated that this was researched and there is a provision in the Code that this can be brought before the Commission. 16 06/21/11 Mayor McDuffie stated he does not know when he has ever needed a bottle of water on Delray Beach and he has an issue with plastic on the beach and plastic that winds up in the ocean. Mayox McDuffie stated if someone is thirsty they can go to Boston's, Caffe Luna Rasa, or the Marriott and he does not support the sale of bottled water on the beach. Mr. Carney stated there are also water fountains available as well. Mr. Carney moved to approve Item 9.G., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -- No; Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuff e - No. Said motion was DENIED with a 5 to 0 vote. 9.H. PROPOSAL/CENTER FOR PRIORITY BASED BUDGETING: Consider a proposal to facilitate the further development and implementation of our priority based budgeting process. The City Manager stated as staff began the process of preparing the 2012 budget they used the Property Appraiser's earlier projection that the tax roll was expected to decrease another 5% for fiscal year 2012. He stated staff made the assumption that other revenue sources would remain unchanged at least overall. The 5% decrease and assessed values would lead to a revenue decrease of $2.3 million. The City Manager stated he asked Department Heads to prepare their budgets based on a 5% reduction from fiscal year 2011. This would be an expense reduction of over $3.7 million in the General Fund and would give some options on what reductions to implement. The City Manager stated in April the Property Appraiser informed the City that our tax roll would be down less than 1 %. As staff was going through the budget things were put back in that had been taken out and then on June 1St staff was doing the preliminary tax roll which is a reduction of 3.67 %. The City Manager stated the challenge now is compounded by the fact that other revenue sources have not remained unchanged but instead have gone down. Overall, the City Manager stated the City is looking at a decrease in revenue of just under $3,000,000.00. The City Manager stated as you go through the City's budget there is not a lot let to cut before you start making service level changes. He stated we are looking at 4`~' year of making significant reductions staff felt we need to look at another method of examining our priorities and thus the reason David Boyd, Finance Director, that we enter into a contract with the Center for Priority Based Budgeting to facilitate the further development and implementation of our priority based budgeting process. The City Manager stated the process that the City used the year before last prioritizing different functions in the budget was based on work staff had seen for the City of San Diego. He stated they have developed that further and can help the City of Delray Beach do a lot more with it then the City was able to do based on one example they had seen. The City Manager stated the City is going to have to generate new revenues or making changes in the services that the City delivers. The City Manager stated he does not expect that we are going to get out of this real estate situation for another 2-3 years and there may be a double dip in home prices and That is where the majority of the City's values are. The City Manager stated this is not ashort-term 17 06/21/11 problem and we need to try to deal with it from that perspective and come up with long- term solutions to be sure we remain sustainable. Mr. Fetzer stated this is not ashort-term problem. He stated this is professional help guiding the City along and therefore supports it. Mr. Carney stated he agrees with this wholeheartedly. Mayor McDuffie stated he supports this proposal as well. Mrs. Gray stated she toa supports the proposal. Mr. Frankel moved to approve the Center for Priority Based Budgeting proposal, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. 9.I. SETTLEMENT OFFER IN ANDERSON OHMAN V. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Anderson Ohman v. City of Delray Beach. Staff recommends approval. The City Attorney stated staff recommends that the City settle with Mr. Ohman in the amount of $20,000.00 due to injuries that he sustained in an accident involving a City owned golf cart. Mrs. Gray moved to approve the settlement offer in the amount of $20,000.00 in Anderson Ohman v. City of Delray Beach subject to appropriate releases, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -~ Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:3$ p.m., the Commission moved to Item. 9..I. df the Regular Agenda. 9.J. RESOLUTION NO. 25-11/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 25-11 amending Resolution No. 55-10 adopted September 21, 2010, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 201012011, by setting forth the anticipated revenues and expenditures for the operating funds of the City far FY 20 1 0120 1 1. The caption of Resolution No. 25-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. SS-10 ADOPTED SEPTEMBER 21, 2010 WHICH MADE 18 06/21/11 APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 20 1 0120 1 1, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 201012011; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 25-11 is on file in the City Clerk's office.) The City Manager stated the City is experiencing substantial revenue shortfalls, and its expenses, especially for the Police Department, are well above budget projections due to the fact that we have been unable to negotiate a new contract with the Police Benevolent Association (PBA). The City Manager stated the City has frozen all hiring and have cut other portions of the budget by several hundred thousand dollars. The City Manager stated the City has a deficit of approximately $1.S million for this year. He stated the City's utility tax revenues in June were about $45,000.00 above last year and if we continue with a hot summer that will bring in same extra money. This budget amendment will authorize the use of additional funds from prior year's surplus to cover this deficit. Mr. Frankel moved to approve Resolution No. 25-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a S to 0 vote. 9.K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (~}) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Annette Gray as a regular rriember to the Community Redevelopment Agency (CRA) to serve a four (4} year term ending July 1, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a S to 0 vote. 9.L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4} regular members to the Downtown Development Authority {DDA) to serve three (3) year terms ending July 1, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #S), Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). 19 06/21/11 Mrs. Gray moved to reappoint Diane Franco as a regular member to the Downtown Development Authority (DDA) to serve a three {3} year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to appoint Albert Richwagen as a regular member to the Downtawn Development Authority (DDA) to serve a three (3) year term ending July 1, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mr. Fetzer moved to reappoint Nancy Stewart-Franczak as a regular member to the Downtown Development Authority (DDA} to serve a three (3) year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -- Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 4.M. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three {3) regular members and {2) alternate members to the Financial Review Board far two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie {Seat #5), Commissioner Carney (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3}. Mrs. Gray moved to reappoint Christina Morrison Pearce as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Priar to the vote, The City Attorney stated Mr. Youngross sent a memo to the City requesting that he not be appointed because he will have a conflict on this particular board. Mayor McDuffie stated he would like to reappoint Andrew Youngross as a regular member to the Financial Review Board for a two (2} year term ending July 31, 2013. Mrs. Gray so moved, seconded by Mr. Frankel. Prior to the vote, The City Attorney stated Mr. Youngross sent a memo to the City requesting that he not be appointed because he will have a conflict on this particular board. 20 06/21/11 Mayor McDuffie stated he would like to withdraw his first motion and make a new motion. Mayox McDuffie stated he would like to reappoint Jahn Hallahan as a regular member to the Financial Review Board for a two (2j year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mxs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney moved to reappoint Jeff Ritter as a regular member to the Financial Review Board for a two {2} year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray ---Yes; Mayor McDuffie -Yes. Said motion passed with a S to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the regular meeting of July 5, 2011. Mr. Frankel moved to appoint Anthony Cattone as an alternate member to the Financial Review Board for a two (2) year term ending July 31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie --- Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint three {3) regular members and two (2} alternate membexs to the Green Implementation Advancement Board to serve two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mr. Fetzer moved to reappoint Stephanie "Chloe" Bedenbaugh as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie ---- Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. Mr. Frankel moved to appoint Michael Marcus as a regular member to the Green Implementation Advancement Board to serve a two year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuff e -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Yaimaz Siddiqui as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: 21 06/21/11 Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to reappoint David Hawke as an alternate member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney --- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment to the July 5, 20I 1 regular meeting. 9.0. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members and one {1) student member Ea the Education Board to serve two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Carney {Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3}, Commissioner Gray (Seat #4), Mayor McDuffie {Seat #5}, Commissioner Carney {Seat #1) and Commissioner Fetzer {Seat #2}. Mr. Carney moved to appoint Isabel Make as a regular member to the Education Board for a two (2) year term ending July 31, 2013, 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. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mr. Frankel moved to reappoint Lydia Carreiro as a regular member to the Education Board for a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. Mrs. Gray moved to reappoint Myra Leavy Bzemore as a regular member to the Education Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a S to 0 vote. Mayor McDuffie stated he would like to appoint Madison Aracri as a student member to the Education Board for a two (2) 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. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 22 06/21/11 Mr. Carney stated he would like to defer his appointment io the next regular meeting of July 5, 2011. Mr. Fetzer stated he would like to defer his appointment to the next regular meeting of July 5, 2011. 9.P. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1}regular zneznber to serve an unexpired term ending July 31, 2012, five (5) regular members to serve two {2) year terms ending July 31, 2013 and one (1}student member to a serve two {2) year term ending July 31, 2013 to the Police Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4}, Mayor McDuffie (Seat #5), Commissioner Carney {Seat #1}, Commissioner Fetzer (Seat #2}, Connnissionex Frankel (Seat #3), Commissioner Gray {Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray moved to appoint Lee Cohen as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to vote. Mayor McDuffie stated he would like to appoint Shelly Weil as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Cormission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney moved to appoint Catherine DeMatto as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffe -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a S to 0 vote. Mr. Fetzer moved to appoint Matthew Hartley as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Matthew Manahan as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney ---- Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 23 06/21/11 At this point, Mr. Fetzer requested to reconsider his appointment for Mr. Matthew Hartley. Mr. Fetzer stated he has served one full term and does not want to be considered for reappointment. Mr. Carney moved to reconsider Mr. Fetzer's appointment, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mrs. Gray moved to appoint DeAnna Longo as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, 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. Carney -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to appoint Elisha Porter as a student member to the Police Advisory Board to serve a two (2} year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.~ SERVICE AUTHORIZATION NO. 07-I5.3IMATHEWS CONSULTING, YNC.: Consider approval of Service Authorization No. 07-15.3 with Mathews Consulting, Inc., in the amount of $21,858.00 for construction administration and additional design for S.W. 12th AvenuelAuburn Avenue/S.W. 14th Avenue Improvements. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other ImprovementlS.W. 12th Avenue/Auburn/14th Avenue). (ADDENDUM} Randal Krejcarek, City Engineer, stated this is an amendment to a Service Authorization Amendment #07-15.3 with Mathews Consulting, Inc. for additional design services as well as construction administration services for the S.W. 12thAvenuelAuburn Avenue/S.W. 14th Avenue project which has limits of S.W. 10th Street on the south side and West Atlantic Avenue on the north side. Mr. Krejcarek stated this is a project where the City is getting $1 million from the County as a grant and has a completion date of September 2011. He stated part of the project involves on-street parking the frst block south of Atlantic Avenue and the CRA has been in negotiations with several of the properties and has been able to move the back out parking from the front to the back alleys which were done last year in this area. Mr. Krejcarek stated this last part of the design is for the last two properties that they have come to agreement with and staff would like Mathews Consulting, Inc. to do the design and noted that they did the other back out parking for the other properties along this corridor. Mr. Krejcarek stated the other part of the service authorization is for construction administration services for those services that the City does not have in-house expertise such as electrical, landscaping, and irrigation. Staff recommends approval of the amendment to the service 24 06/21/11 authorization. Mr. Carney moved to approve Service Authorization Amendment #07- 15.3 with Mathews Consulting, Tnc., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 1Z. FIRST READINGS: A. None 13. COMMENTS AND IN UIRIES ONNON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at a previous meeting Commissioner Frankel inquired about the A-Frame sign which was removed from Spot Coffee. The City Manager stated the owner had been warned numerous times about the sign but continued to display it; other business owners inquired about the sign and why they were not allowed to display such a sign. He stated City Code allows the removal of such signs from public property and sidewalks. The City Manager stated other businesses outside the district complained that they are now in the process of changing back to the original prohibition of such signs. He stated Spot Coffee had been warned several times that this was not allowed so the City picked up the sign. Secondly, the City Manager stated Mayor McDuff e inquired about the beautification of Martin Luther King, Jr. with some of the palm trees sticking up into the power lines on the south side. The City Manager stated some of the islands were initially planted with the trees tied up and the paten fronds appeared high; however, once the trees were planted and the strings cut the fronds have spread out to the natural height. These particular palms are not supposed to grow past 15 feet in height which is less than the height of the power lines. The City Manager stated Mayor McDuffie also inquired about the alarm registration fee and whether or not it applied to public schools. Staff's position is that the fee of $30.00 applies to everyone as is similar to a user fee. He stated if the police must respond to false alarms, staff must have a contact number where the applicant's representative may be contacted and if numerous response requests are generated, a fee should be charged. The City Manager stated there was a concern shared about the artwork on Pineapple Grove Way and whether or not it is properly anchored to meet hurricane standards. Most of this artwork is not owned by the City but is owned by Pineapple Grove Main Street and was not transferred to the City because they would not agree to the City Attorney's requirements and the City was not able to locate some of the artists. The City Manager stated staff is looking at those to see what will be required to properly anchor them. 25 06/21/11 The City Manager stated the City applied for a SAFER (Staff for Adequate Fire and Emergency Response) Grant for funding of four firefighters. He stated they are coming back with questions, etc. which indicates that the City may actually get the grant and the condition of this grant is that they would fund the firefighters for two years and then the City is required to fund them for at least one year after that. The City Manager stated as the Commission goes through the budget process and decides they want to add the additional staff person to the beach station that would be away of doing it as far as covering it for two years. The City Manager stated the City would not lay these people off because there are enough retirements and turnover that even if the City decides to reduce the positions in two years, they could absorb them into the workforce. The City Manager recommends that if offered, that the City would accept it. The Commission concurred with comments expressed by the City Manager. Lastly, the City Manager stated approximately four years ago ICMA (International City/County Management Association) TV out of England contacted the City of Delray Beach and they did a video that was shown at the ICMA conference where anywhere from 5,000-7,040 people attend. He stated ICMA has contacted them again and the City of Delray Beach has agreed to work with them on doing the video about our partnership with the School District over the last 20 years and how we have worked with our schools and because of the involvernent with the Criminal Justice Academy at Atlantic High School and also Fire Academy they will show these at the ICMA International Conference and the Fire Chiefs Conference and the Police Chiefs Conference. The City Manager stated they do about two hours of video which will be the City's property once it is f Wished and from that they distill a five minute presentation. 13.B. City_Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13,C.I. Mr. Fetzer Mr. Fetzer stated he is not in favor of accepting a grant for additional employees particularly until the City finishes the independent study we have underway and asked what the timeframe is for that. The City Manager stated staff expects to have the fire report no later than July 5, 2011. Mr. Fetzer stated from past experience you get grants to bring on employees and then you cannot fund those positions in the future. He expressed concern aver the long-term effects of that. Secondly, Mr. Fetzer stated he sent an email to the City Attorney and the City Manager expressing his concerns on two issues; one that appeared to him to be a violation of the City's media press release policy and secondly he recalls that the City set up travel guidelines for the Commission where travel out-of state had to be approved by the City Commission. 26 06/21/11 The City Manager stated staff is researching the travel policy and his best recollection at this point is he understood it to be for that particular budget year but stafiF ', is researching this in the minutes to see what the Commission direction was. 13.C.2. Mr. Carney Mr. Carney had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated she has not seen the press release that Mr. Fetzer is referring to but she believes it is concerning her trip to Washington, D.C. which was not politically motivated at all. Mrs. Gray stated her trip was about bringing dollars and programs to our city and citizens. Secondly, Mrs. Gray stated she attended the 2011 Juneteenth Celebration for the Spady Museum and it was a success. She stated the Island Flair held at Old School Square was also a nice educational event. Mrs. Gray stated this weekend the' Roots Cultural Festival will be holding their Youth Basketball Tournament and she urged everyone to come out and support the youth. Lastly, Mrs. Gray announced that Dr. Kathy Weigel, Principal of Atlantic High School, has been proxnoted. Mrs. Gray stated she attended a Workshop where they were given directions on what they expect for a principal and a decision regarding the position should be made Thursday or Friday of this week. 1.3.C.4. Mr. Frankel Mr. Frankel had no comments and inquiries on non-agenda items. ~3.C.5. Ma or McDufire Mayor McDuffie commented about an article that was written by examiner.com regarding Americans far the Arts Conference in San Diego, California where the City of Delray Beach was referred to in a very complimentary paragraph as the "Venice of Florida" from the standpoint of the arts. There being no further business, Mayor McDuff e declared the meeting adjourned at $:09 p.m. City Clerk 27 06/21/11 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 21, 2011, which Minutes were formally approved and adopted by the City Commission on Ju1~5,_201.1. 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. 28 06/21/11 IN THE CITY COMMISSION CHAMBERS OF THE CITY QF DEFRAY BEACH, FLORIDA WAVER REQUESTS FOR 2Q2 N. SWINTON AVENUE QRDER DF THE CITY COMMISSIDN L~F THE CITY DF DEFRAY BEACH, FLDRID~- The waiver requests regarding 202 N. Swinton Avenue have come before the City Commission on .lone 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 202 N. Swinton Avenue. All of the evidence is a part of the record in this case. 1. Waiver: Pursuant to LDR Section 2.4.7{B}{b), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; {b} shall not signii:~cantly 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. Pursuant to LDR 4.6.9{D}{2)(b}, Off-Street Parking Regulations, Provisi©ns for Ingress and Egress, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet {10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. 1. Depth: Relief from forty two feet (42'} to thirty eight feet (38`) is now requested. The extra depth can be easily provided; therefore, a waiver of four feet (4') is not appropriate. A reduction to a total of thirty nine feet, six inches (39'6"} could be justified as the additional two foot, six inch {2'6") depth will be provided through dedication with development of the parcel across the alley, Should the waiver to Section 4.6.9(I])(2)(b} to reduce the minimum depth of alley and parking spaces from 42' to 39'6" be granted? Yes / No City Commission Meeting of June 21, 2011; ltem 9.A. 2. Width: A waiver to this requirement is necessary as the proposed parking space width is nine feet (9'} whereas a width of ten feet (1 D') is required. This increased width is even more important if the reduced depth noted above is appr©ved as the vehicles backing out must begin turning before they are fully out of the space, thereby needing additional width to avoid clipping adjacent vehicles_ Should the waiver to ~QR Section 4.6.9(©~~2)(b) to reduce the minimum parking space width from 1t3' to 9' be granted? Yes ~ No B. Pursuant to LDR Section 4.6.9(Q}(3}(a-b}, Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width, fhe point of access to a street or alley shall 6e a maxirrrum of Twenty-four feet (24) and shall not ;be less than: 24' for a normal two-way private street or parking lot driveway aisle, ,20' for private driveway which has less than 2QQ .4f3T, 12' far aone-way driveway or parking lot aisle. A waiver to this requirement is necessary as the proposed point of access from North Swinton Avenue measures eighteen feet (18'} in width. Should the waiver to Secti©rt 4.6.9~D}(3}#a-~b) to reduce the driveway width from 2~#' to 98' be granted? YeS / No 3_ The City Commission has applied the Comprehensive Plan and LQR requirements in existence at the time the original site plan was submitted. 4. The City Commission hods 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 which supports the findings set forth in this Order. b. Based on the entire record before it, the City Commission approves / denies the waiver requests and hereby ad 2D ~ 'l , by a vote of 5 in favor and D .~ TTEST: ~ Nelson S. McDuffie, Chevelle Nubin, City Clerk 2 of June, City Commission Meeting of June 21, 2011; Item 9.A. IN THE CITY CQIMIVIISSifJN CHAIVIBERS 41= THE CITY OF DELRAY BEACH, FI_QR(DA WAIVER REQUEST5 FOR '13Q SE 7~" AVENUE OR©ER QF THE CITY COI~IMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding 13D SE 7~~ Avenue have come before the Gity Commission on June 21, 2Q11. 2. The Applicant and Gity staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 13Q SE stn Avenue. All of the evidence is a part of the record in this case. I. Waivers: Pursuant to L_DR 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. Pursuant to L.DR Section 4.6.14(G}, when an accessway intersects a public right-of-way, all visual obstructions within tl~e sight visibility triangle shall provide unobstructed cross_visibility at a level between three (3} feet. and six (6) feet. A waiver to this requirement is necessary as the proposed fence at the back of the property measures four feet (4') in height and is located within the ten foot (10') sight visibility triangle. Should the waiver to 4.6.14(G} be granted? Yss / No City Commission Heeling oiJune 21, 2011; liem 9.B. B. Pursuant to LDR Section 4.5.'I {E)(3){a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls, Fences and walls aver four feel (4) shall not be allowed in front or side street setbacks. A waiver to this requirement is necessary as the proposed arbor measures nine feet {9') in height and is located approximately sixteen feet {16') from the front property line. Should the waiver to 4.5.'l~E)(3){a~'I.c. be granted? Yes ~ No G. Pursuant to LDR Section 4.5.'I{E)(3){b)1., Buildings, Structures, Appurtenances and Parking, Parking, where feasible, alternative mefhods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts. for parkirtg_ At a minirr~um, fhe following options shall be considered: a. Locate parking adjacent fo fhe building or in fhe rear. b. Screen parking fhat can be viewed from the public right of--way with fencing, landscaping, or a combination of fhe fwo pursuanf fo Section 4.6.5. c, Ufilize exisfing alleys fo provide vehr'cular access fo sites. d Construct new curb cuts and streef side driveways only in areas where fhey are appropriate or existed hisforicafly. e. Use appropriafe materials for driveways, such as concrete poured in ribbons. f Avoid wide driveways and circular drives. A waiver to this requirement is necessary as the proposed circular driveway is not in campliance with the requirements noted above. The circular driveway, however, is a result of campliance with the HPB's conditions of approval, as a means of providing an appropriately designed driveway as opposed to the two-space initially proposed which would back out onto SE 7t~' Avenue. Should the waiver to 4.5.1(E~{3}{b~'l. be granted? Yes / No 3. The City Commission has applied the Comprehensive Plan and 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 which supports the findings set forth in this Order. 2 Ci[y Commission Meeiing of June 21, 2011; liem 9.B. 5. Based on the entire record before it, the City Commission approves / denies the waiver requests and hereby a this order this st of June, 20'11, by a vole of 5 in favor and _ - 0 pose . ATTEST: ~ Nelson S. McDuffie, Ma or Chevelle Nubia, City Clerk 3 City Cammissian tvleefing of June 21, 2011; Item 9.B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY C©MMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR BURGER PLACE 1. This in lieu parking flee request for the purchase of 2 parking spaces in- Iieu has come before the City Commission on ,fiune 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in Iieu parking fee request for Burger Place. All ofi the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, iN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E}(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the Gity Commission may approve the payment of an in Iieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 2 parking spaces in-Iieu meet the requirements of LDR Section 4,6.9{E){3) and the conditions, if any, listed below? ~-t_$1~,SOE),,,per space totaling ~3'I,Z00.00. Payment is due.50°!x1$15,600.001 upon execu#ion of the Agreement, 25°!0 ($7,$00.001 on the 2nd anniversary and 25°!0 7 800.00 on the 3rd anniversa of the A reement. Yes / No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3} of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the City Commission Meeting of June 21, 2[311; ltem 9.C. Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and hand Development Regulations. ~, The Gity 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 in lieu parking fee request as set forth above_ 6. Based an the entire record before it, the City Commission hereby adapts this Order this 21st day of June, 2011, by a vote of ~ in favoY~ and opposed. ATTEST: Chevelle Nubin, City Clerk ~~' Nelson S. McDuffie, 2 City Commission Meeting of June 21, 2011; Item 9.C.