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11-06-12 Regular City Commission MinutesNOVEMBER 6, 2012 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 6, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuff e Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Linda Mobley with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. _ _ AGENDA APPROVAL. There is updated information on the dais for Item B.A., Acceptance of a Water Easement Deed/South Delray Shopping Center, additional information for Item I1.B., Ordinance No. 41 -12 ff irst Reading/First Public Hearing), and additional information for Item 8.Q.6, Purchase Award for fence replacement for Pompey Park. Mrs. Gray requested that Item 8.1, Agreement: Delray Beach Marketinu Cooperative (DBMC) /Community Redevelopment Auencv (CRA) /Greater Delray Beach Chamber of Commerce of the Consent Agenda be moved to the Regular Agenda as Item 10.A.A. Mr. Jacquet requested that Item 8.0., Special Event Request /Tree Lighting and on the Avenue of the Consent Agenda be moved to the Regular Agenda as 10.A.A.A. Mayor McDuffie stated Item 7.C., Presentation of Match Point Trophy to the City of Delray Beach will be removed. 11/06/12 Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Regular Meeting of October 2, 2012, 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. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Recognizing and commending Mercer Wenzel Mayor McDuffie read and presented a proclamation hereby recognizing and commending Mercer Wenzel and call upon all present to acknowledge and applaud their longtime outstanding and exemplary loyalty and service to the community and wish Mr. Bruce Wenzel well on his retirement. Bruce Wenzel came forward to accept the proclamation and gave a few brief comments. 6.B. America Reeveles Day — November 15, 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming November 15, 2012 as America Recycles Day in the City of Delray Beach. Michelle Donahue from St. Joseph's Episcopal School came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 53 -12: and commending Ray Colgin for 30 years Beach. office.) Approve Resolution No. 53 -12 recognizing of dedicated service to the City of Delray The caption of Resolution No. 53 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING RAY COLGIN FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 53 -12 is on file in the City Clerk's 2 11/06/12 Mr. Frankel moved to approve Resolution No. 53 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. Victor Majtenyi, Deputy Director of Public Utilities, came forward and gave a few brief comments. 7.B. Recognizing and commending Delray 21, Saxena & White, P.A., The Related Group and Ocean Properties, Ltd. for their contributions and outstanding work to procure uniforms for the Atlantic High School Football Team Mayor McDuffie read the special recognition awards to Ryan Boylston, Jim Knight, Lee Cohen, Maya Saxena, Mark Walsh for their outstanding contributions and work to procure uniforms for Atlantic High School Football Team. 7.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 7.1). S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Quarterly Awards Presentation Jennifer Buce, S.P.I.R.I.T. Co- Chairperson, stated the S.P.I.R.I.T. Award Program recognizes employees for their exemplary actions in the following City core beliefs: by providing exceptional service through performance by acting with integrity, being responsible, taking innovative action, and practicing teamwork. Ms. Buce stated the two quarterly winners are: Steven Sack, Parks Maintenance and Karen Schell, Finance. Jennifer Buce presented Steven Sack with his award and Shirley Erickson presented Karen Schell with her award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF A WATER EASEMENT DEED /SOUTH DELRAY SHOPPING CENTER: Approve and accept a water easement deed for South Delray Shopping Center located at 3001 S. Federal Highway. 8.B. ACCEPTANCE OF A WATER UTILITY EASEMENT/ALFIERI- DELRAY BEACH COMMONS, LLC.: Approve acceptance of a water utility easement with Alfieri- Delray Beach Commons, LLC for Spodak Dental Office located at 4665 West Atlantic Avenue. S.C. SERVICE AUTHORIZATION NO. 12- O1/WANTMAN GROUP, INC.: Approve Service Authorization No. 12 -01 with Wantman Group, Inc. in the amount of $17,987.00 for data collection and analysis as well as a review of the City's Land Development Regulations (LDR) related to drainage requirements. Funding is available from 448 - 5461 -538 -31.30 {Storm Water Utility Fund: Professional 3 11/06/12 Services/Engineering /Architect). 8.D. GRANT AWARD /SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): WATER SAVINGS INCENTIVE PROGRAM (WSIP): Accept a grant award for a Water Savings Incentive Program (WSIP) from the South Florida Water Management District (SFWMD) in the amount of $35,945.00 for purchase and installation of automatic water main flushing devices. S.E. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/WEST CONSTRUCTION, INC.: Approve a Contract Closeout (Change Order No. 1 /Final) in the amount of a $6,067.95 decrease and final payment in the amount of $10,622.05 to West Construction, Inc. for the completion of the Delray Beach Heights Swales Project. Funding is available from 448- 5461 - 538 -65.41 (Storm Water Utility Fund: Other Improvements /Swale Reconstruction). 8.F. AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT/PALM BEACH COUNTY FOR AUBURN AVENUE: Approve Amendment No. 2 to the Interlocal Agreement with Palm Beach County for reimbursement to the City in the amount of $1,000,000.00 for costs associated with improvements along Auburn Avenue. 8.G. AGREEMENT /ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF): Approve an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carry out services at the Village Academy Beacon Center for FY 2012 -2013. Funding is available from 001- 4111 -572 -83.01 (General Fund: Other Grants & Aid). 8.H. AGREEMENT FOR PUBLIC ART CONSULTING SERVICES/ PALM BEACH COUNTY: Approve an agreement for Public Art Consulting Services with Palm Beach County at an estimated cost of $25,000.00 plus reimbursable expenses. Funding is available from 115 -1702 -579 -31.90 (Special Projects Fund: Professional Services/Other Professional Services). 8.I. MAINTENANCE AGREEMENT /CONTROL COMMUNICATIONS, INC.: Approve a Maintenance Agreement with Control Communications, Inc. in the amount of $26,040.00 for maintenance of the XTS3000 portable radios used by police officers. Funding is available from 001 -2111- 521 -46.20 (General Fund: Repair & Maintenance Services/Equipment Maintenance). $8.J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM IO.A.A. 8.K. TRAFFIC ENFORCEMENT AGREEMENT /CORAL TRACE HOMEOWNERS ASSOCIATION: Approve a Traffic Enforcement Agreement with Coral Trace Homeowners Association to allow the City of Delray Beach Police Department to enforce State and local traffic laws on the private roads of Coral Trace. 4 11/06/12 8.L. AGREEMENT/ADVANCED PROCESSING & IMAGING (API), INC.: Approve an agreement with Advanced Processing & Imaging (API), Inc. in the amount of $58,782.00 for the purchase of electronic document management software for the Finance Department. Funding is available from 001 - 1511 -513 -66.10 (General Fund: Books / Publications /Software), 441- 5161 -536 -64.11 (Water & Sewer Fund: Machinery/ Equipment/ Computer Equipment) and 441 - 5161 -536 -66.10 (Water & Sewer Fund: Books/Publications /Software). 8.M. REQUEST FOR PROPOSALS (RFP) /COLLECTION SERVICES FOR PARKING FINES AND AMBULANCE BILLING: Approve the pp Selection Committee's ranking of responses for collection services for parking fines and ambulance billing; and authorize staff to enter into contract negotiations with the top ranked company, Penn Credit, Inc. 8.N. SPECIAL EVENT REQUEST /24TH ANNUAL DOWNTOWN DELRAY FESTIVAL OF THE ARTS: Approve a special event request to endorse the 24th Annual Downtown Delray Festival of the Arts sponsored by Howard Alan Events, Ltd. to be held January 19 -20, 2013 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of City rights -of -way on Atlantic Avenue from the east side of N.E. /S.E. 6th Avenue to Bronson and for the Gladiola lot (S.E. 6th Avenue) for vendor parking, and to provide staff support for traffic control, security, fire inspection services and to permit an event sign to be erected on Atlantic Avenue just east of I -95 (14) days prior to the event. The event sponsor will pay all City costs, estimated at $9,911.00. 8.0. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A.A. 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2012 through November 2, 2012. SQ AWARD OF BIDS AND CONTRACTS: 1. Contract award to The Dumont Company, Inc. at an annual estimated cost of $48,000.00 for the purchase and delivery of Hydrofluorosilicic Acid. Funding is available from 441- 5122 -536- 52.21 (Water & Sewer Fund: Operating Supplies /Chemicals). 2. Contract award to Foster Marine Contractors, Inc., the lowest responsive bidder, in the amount of $84,445.00 for the construction of roadside swales along N.W. 7th and 12th Streets and N.W. 3rd and 5th Avenues in the Lake Ida Neighborhood. Funding is available from 448 - 5461 -538 -46.43 (Storm Water Utility Fund: Repair & Maintenance Services /Drainage Swales). 3. Contract award to Transmap Corporation in the amount of $53,912.08 for the Pavement Assessment Project. Funding is 5 11/06/12 available from 334 - 3162 - 541 -61.17 (General Construction Fund: Capital Outlay /Street Reconstruction (1)). 4. Contract award to Unifirst Corporation at an annual estimated amount of $291,000.00 for uniform rental and flat supply services via City of Boca Raton RFP No. 2010 -034. Funding is available from multiple departments. 5. Contract award to ConSery Building Services in the amount of $47,500.00 for the replacement of aging mechanical components of the City Hall chiller system which provides air conditioning to portions of the facility. Funding is available from 334- 6112 -519- 64.90 (General Construction Fund: Machinery/ Equipment/Other Machinery/Equipment). 6. Purchase award for fence replacement for Pompey Park Fields #1, 2 and 3; fencing for backstop canopy at Field #1, and fencing around two batting cages. Funding is available from 334 -4127- 572 -46.15 (General Construction Fund: Repair & Maintenance Services/ Improvements -Other Repair & Maintenance). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:37 p.m., the Commission moved to Item 9.B., Comments and Inquiries on Non - Agenda Items from the Public- Immediately Following the Consent Agenda. 9.B. From the Public. 9.13.1. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated she picks up trash all the time all over the city and asked for an award. At this point, the time being 7:40 p.m., the Commission moved to Item 10.A.A. (formerly Item 8.1). 10.A.A. AGREEMENT: DELRAY BEACH MARKETING COOPERATIVE (DBMC) /COMMUNITY REDEVELOPMENT AGENCY (CRA) /GREATER DELRAY BEACH CHAMBER OF COMMERCE: Approve an agreement between the City, Delray Beach Marketing Cooperative (DBMC), Community Redevelopment Agency (CRA) and the Greater Delray Beach Chamber of Commerce, to make the City the party responsible for entering into contracts for 4th of July activities; and to remove the Downtown Development Authority (DDA). Robert A. Barcinski, Assistant City Manager, stated this item is the agreement between the three remaining partners of the DBMC and was on the September 30, 2012 Agenda where the Commission asked that it be pulled unti 1 the Workshop. Mr. 6 11/06/12 Barcinski stated there has been no change in that status it is still three remaining partners. Mrs. Gray stated she xulled this item because she wants to understand the responsibility of the City for the 4 of July. Mr. Barcinski stated the City of Delray Beach will take on the fmancial responsibilities and all the contracts that come through the City. Mrs. Gray asked about the DDA and their contributions to both of these events. Mr. Barcinski stated they are not contributing to the 4t" of July this year but they are giving $30,000 for the Christmas tree and $10,000 for First Night. He stated most of the sponsorship money will be private donations. Mrs. Gray asked if staff feels the City will be able to do this without incurring any other costs. Mr. Carney stated per his conversation a couple of days ago with staff he understands why this needs to be approved this evening so that the City can enter into these contracts. However, Mr. Carney stated he continues to raise the issue regarding the various expenditures among the different groups. He stated the DDA is a dependent taxing district that would more than suggest that initiatives of the City which fall within the DDA district can properly be paid by DDA funds and feels there needs to be greater attention paid to the projects that the City is sponsoring together with the DBMC as it relates to marketing efforts within the DDA district that funds to support those come from the DDA. Mrs. Gray concurred with comments expressed by Mr. Carney. Mrs. Gray asked if there is something that the City could do about that and understands that we release the DBMC from this contract but that would free up dollars for them to do whatever else they want to do. The City Manager stated when it comes time to appoint people to serve on the DDA that the Commission vent them on this particular issue and they will do their best to ensure that the DDA is involved with and supports City events of this nature. Mrs. Gray asked if the rest of the Commission would be in favor of directing the City Manager to send a letter to release them from the partnership. The rest of the Commission concurred. Mr. Jacquet referred to language in the contract and stated it states "City responsible for entering into contract for the e of July activities just as we do for First Night versus DBMC." Mr. Jacquet asked if this means that the DBMC was responsible for entering into these contracts. Mr. Barcinski stated as he understands it the DBMC still will be but the City will have a lot of oversight on these agreements. Mr. Barcinski stated for First Night everything will go through the City (i.e. purchase orders and contracts). 7 11/06/12 Mr. Frankel moved to approve Item 10.A.A. (formerly Item S.d.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.A.A.A. SPECIAL EVENT REQUEST/TREE LIGHTING AND ON THE AVENUE: Approve a special event request to endorse the Tree Lighting and On the Avenue to be held on November 29, 2012 from 5:00 p.m. to 10:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to N.E. /S.E. 7th Avenue, and to the alley north of Atlantic Avenue on N.E. 1 st and 2nd Avenues, Railroad Way, and N.E. 4th Avenue and from Atlantic to the alley south on S.E. 1 st, S.E. 2nd, S.E. 3rd and S.E. 4th Avenues; to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal, clean up, EMS assistance, fire inspection services and use of the large City stage. The event sponsor will pay an estimated total of $3,685.00, which is half the cost for On the Avenue. Robert A. Barcinski, Assistant City Manager, stated this is the event approval for the Tree Lighting /On the Avenue proposed to be held November 29, 2012 5:00 -10:30 p.m. grant a temporary use permit for the closure of Atlantic Avenue from Swinton Avenue to NE /SE 7t' Avenue, and to the alley north of Atlantic Avenue on NE 1't and 2nd Avenues, Railroad Way, and NE 4th Avenue, and from Atlantic to the alley south on SE 1St, 2nd, 3rd and 4th Avenues. Also, staff support, security, traffic control, banner hanging, etc. Mr. Barcinski stated the event permit request and budget site plan was all included as well as a tree lighting schedule and the economic calculator. He stated the total overtime cost for the event is $11,490 of which $4,596 (based on a percentage) is assigned to the tree lighting for which the City receives no reimbursement because it is ours and $6,894 is to the Delray Beach Marketing Cooperative (DBMC) per the Event Policies and Procedures and they will pay 50% of their share of the overtime costs, plus a 5% administrative fee and barricades at $66 for an estimated total of $3,685. Mr. Jacquet asked why the City is only getting 50% from the DBMC and not 100 %. Mr. Barcinski stated it is the way the City's Policies and Procedures are written for both the DBMC and Old School Square. Mr. Barcinski stated although the City has increased its contribution the amount of their staff time that is spent on our events is over $100,000 a year and this is a way to help offset some of that cost. Mr. Barcinski stated all other vendors pay 100 %. Mr. Frankel moved to approve Item 10.A.A.A. (formerly Item 8.0.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, Mr. Frankel complimented Mr. Barcinski for the great job he did a few weeks ago with the Presidential visit. Mr. Frankel stated Mr. Barcinski pulled off an amazing event for over $8,000 people without a hitch. Mr. Barcinski stated there 8 11/06/12 was a lot of staff from the management company, Police, Fire, etc. and everyone pulled together with only five days' notice. At this point, the time being 6:51 p.m., the Commission moved to Item 9.A., City Manager's response to prior public comments and inquiries. 9.A. City Manager's response to prior public comments and inquiries. The City Manager stated at a previous meeting Mr. John Bennett had brought to the City's attention some "No Parking" signs erected on the right -of -way on Andrews Avenue in front of the F.I.N.D. (Florida Inland Navigation District) parcel. The City Manager stated these signs do not belong to the City and these have been removed. Also, the City Manager stated the pictures that were sent to the City had some cars parked across the sidewalk and staff brought this to the attention of the Police Department and it is a violation of State law for people to park across the sidewalk. The City Manager stated staff will watch for that and try to see if someone does in the future that they are ticketed. The City Manager stated Mr. Bennett also mentioned that he saw water meter boxes that had some holes in the top and the City has alerted the meter readers and utility crews to be on the lookout for those. He stated staff has looked for some around the Sandoway House and did not find any there. At this point, the time being 6:52 p.m., the Commission moved to Item 10.A. of the Regular Agenda. 10. REGULAR AGENDA: 10.A. WAIVER REOUESTS /LIZ BUILDING RENOVATIONS; Consider ......- approval.. -of- waiver -- requests - --to— Land — Development - - Regulations--- ...- (.LDR) - -- Section.- .................. ....................- .......... 4.4.13(F)(4)(a)(2), "Front Setbacks ", which requires a 5' minimum setback along Federal Highway, Section 4.4.13(F)(1)(a), "Height ", which requires a minimum building height of 25' and Section 4.6.18(11)(14)(iv)(2), "Windows and Doors ", which requires a minimum window transparency or glass area of 75% on the ground floor for the Liz Building Renovations, located at 445 East Atlantic Avenue. (Quasi - Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing rules 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, Mrs. Gray, Mayor McDuffie, and Mr. Carney stated they had no ex parte communications to disclose. Mr. Jacquet stated he drove by the site. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -199 into the record. 9 11/06/12 Mr. Dorling stated the three waivers involve a 5 foot minimum setback, a minimum height of 25 feet for the building, and a minimum window transparency or glass area of 75% on the ground floor. He stated these waivers were considered by SPRAB on October 10, 2012 and received a recommendation of approval. Mr. Dorling stated they were associated with a 2007 square foot building addition and demolition of existing space. Mr. Dorling stated what is being proposed is that the building is going to be moved out toward Atlantic Avenue and a new facade put up. He stated there is a 5 foot minimum setback and this sign will go to a zero setback at 15 foot high. Mr. Dorling stated there is also a request that the building height maintain a minimum 25 foot. This building is about 15 foot and will involve a facade change and a waiver to that requirement that this building not be added height of approximately 10 feet is being requested. Mr. Dorling stated there is a requirement for minimum window transparency to promote window shopping along the Avenue. He stated these waiver requests were considered by the Site Plan Review and Appearance Board (SPRAB) and the Board recommended approval. Staff recommends approval. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who. wished to address the Commission, the public hearing was closed. There was no cross examination or rebuttal. Mr. Jacquet asked what the percentage of glass we currently have there. Mr. Dorling stated he believes it is less than the 75% but does not know the exact number. Mr. Dorling stated right now the entire frontage is glass and what makes a difference is the portion above the panes of glass that is not transparent and works against it. The actual amount of glass on the building is the same with the expansion. Brief discussion by the Commission and staff followed. Mr. Jacquet stated he would have a problem if we are decreasing the amount of window. Mayor McDuffie asked if everything that he sees on the facade of that building that is colored light blue glass. Mr. Dorling stated everything that is colored light blue is all glass and the only way to get more than 52% is to extend those glass panes higher which do not achieve anything as it relates to the ability to window shop. Mr. Jacquet asked if this is current. Mr. Dorling stated this is the proposed facade and reiterated that currently the entire face of that building is glass and what it will be with the renovation with the exception of the struts between the window panes. Mr. Jacquet stated he would like to know what the current percentage of glass in the building today so he can compare it to what the applicant is asking for. Mr. Dorling stated right now the entire frontage is glass and if there is any change it would relate to the length of the glass as it relates to the upper area of the facade. Mr. Dorling stated he does not 10 11 /06/12 believe it meets the 75% now and believes that it is exactly the same unless these glass panes have been reduced in height. Mr. Jacquet stated his main concern is not the glass but is the setback waiver because he feels this is a potential safety issue and could set the wrong precedent for that area. Mayor McDuffie asked if the Commission approved something similar for 32 East and their new 2 -story facade. Mr. Dorling stated that was an entry feature on the zero in the middle of the sidewalk. 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 (approving the waiver requests), 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. Jacquet — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 11.A. ORDINANCE NO. 40 -12 (SECOND READING /SECOND PUBLIC HEARING): Consider a city - initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), "Transient Residential Use ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties; and amending Appendix "A ", ....."Definitions " -; -in -- order- -to -- amend the--definition - of - -` Transient.. Residential -- - Use"- -and . amending Subsection 4.4.6(b), "Principal Uses and Structures Permitted ", to remove transient residential use as a principal use. The caption of Ordinance No. 40 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES ", BY AMENDING SUBSECTION 4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USE ", IN ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING APPENDIX "A", "DEFINITIONS ", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT RESIDENTIAL USE "; AMENDING SUBSECTION 4.4.6(B), "PRINCIPAL USES AND STRUCTURES PERMITTED ", TO REMOVE TRANSIENT 11 11/06/12 RESIDENTIAL USE AS A PRINCIPAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40 -12 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, AICP, stated this will amend the prohibitions, exemptions /exceptions, waivers, and penalties for transient residential uses and will amend the definition of transient residential uses. Mr. Dorling stated these modifications will clarify that single family residential zoning district category referenced in the ordinance includes the RR (Rural Residential) zoning designation and that the Medium Density Residential Zoning District category also includes the RL (Low Density Residential Zoning) designation. He stated it also provides procedural standards for undue economic hardship requests and remove a reference to Transient Residential Use as a principal use allowed in the RM (Medium Density Residential District). At its meeting of September 24, 2012, the Planning and Zoning Board and made a recommendation of approval with a 7 to 0 vote. At its meeting of October 16, 2012, the City Commission considered and recommended approval at that time. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 40 -12, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 40 -12 on Second Reading/Second Public Hearing, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 11.B. ORDINANCE NO. 41 -12 (FIRST READING /FIRST PUBLIC HEARING): Consider a privately - initiated rezoning request from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at 1801 and 1845 South Federal Highway. If passed,. a second public hearing will be held on December 11, 2012. The caption of Ordinance No. 41 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY 12 11/06/12 ZONED PLANNED OFFICE CENTER (POC) DISTRICT TO SPECIAL ACTIVITIES DISTRICT (SAD); SAID LAND BEING LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; ESTABLISHING THE USES AND REGULATIONS FOR THE SUBJECT PROPERTIES UNDER THE SAD ZONING; AMENDING THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.25(G), "S.A.D.S ", TO ADD SUBSECTION (11), " DELRAY PLACE" TO THE LIST OF APPROVED S.A.D.S; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41 -12 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. Ron Hoggard, Principal Planner, entered the Plamiing and Zoning Department project file #2012 -059 into the record. Mr. Hoggard stated Delray Place is located at the southeast corner of Linton Boulevard and South Federal Highway this property was annexed into the city in the early 1980's and an office complex was constructed in 1983 consisting of the three buildings; one on the north side; a one -story and two three -story buildings. He stated the total existing office complex is less than 9,700 square feet. In 2008, Mr. Hoggard stated with the rezoning ordinance that the City did in 1991, the new LDRs created a new district Planned Office Center (POC) District and this property was rezoned to that new designation. In December 2008, Mr. Haggard stated the City adopted a Comprehensive Plan Policy to require development of the South Federal Highway Development Plan. In early 2011, Mr. Hoggard stated staff met with the neighborhood surrounding the South Federal Highway Corridor and in June 2011 staff met again to discuss alternatives for properties within that corridor. He stated this property was one of the ones staff considered and there were two options; one, to rezone it to PC (Planned Commercial) and one to rezone it to AC (Automotive Commercial). Mr. Hoggard stated the Planning Department recommended PC for this parcel as the plan was being developed. He stated the current owner acquired this property in September 2011 and they submitted a zoning change to PC on January 2012 and Planning supported at that time because it was in line with what they were recommending at that time. Mr. Haggard stated it went to the City 13 11/06/12 Commission and it was tabled for a period of six (6) months to give the applicant a chance to work with the neighborhood. He stated since then the applicant request an extension of that tabling that was done in April and the City Commission extended it for additional six months on August 21, 2012. On September 7, 2012, the applicant amended the rezoning application to go to the SAD zoning. Mr. Hoggard briefly reviewed the findings that are required and stated they are included in attached Planning and Zoning Board staff report. He stated they have completely enclosed the loading bays in the back but there will still be trucks that are going to be pulling up, beeping, and backing up. Mr. Hoggard stated staff requested that they include provisions in the SAD ordinance that would limit the delivery hours in this location. He stated with regard to the outside dining areas the applicant pulled the building back to create more area in the back of the buildings. He stated the length of buildings is over 700 feet long and 22 feet high which concerns staff. Also, Mr. Hoggard stated the applicant could cut some of the square footage off to try to do more to screen and buffer this from the neighborhood. Mr. Hoggard stated staff's concerns are the findings related to compatibility and does not feel that they can make this project compatible. Mr. Hoggard stated staff has concerns with the intensity and recommend that the Commission not approve Ordinance No. 41 -12. Mayor McDuffie declared the public hearing open. Ron Collins, representing the Tropic Isles Resident Group, urged the Commission to defer this and not pass this on first reading Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated she has the original plans from the original developer and they were very careful to step back the uses to protect the single family neighborhood which is an R -1 zone and they were careful to put transitional which is an RM multi - family type of zoning and PC which is a smaller commercial use along Federal Highway. Ms. Morrison stated this has been an office center for 30 years POC zoning is a transitional use and it is low intensity which means it is a business hour type of use and there is not a lot of nighttime activity; it is generally 8:00 -6:00 p.m. She stated by developing this into a high density commercial use where the buildings are flush up against the single family residences would not be transitional or compatible. Ms. Morrison stated this is one of the most beautiful neighborhoods in the city and this project would help to minimize that beauty of this neighborhood. Chamber of Commerce, 64 S.E. 5`a Avenue, Delray Beach, FL 33483, stated from a business standpoint the economic impact for this type of center is positive for the corridor. He stated the project and whatever form that it finalizes in will add to the diversification of the tax base which is one of the economic goals for the city. Mr. Weiss commended the developer for being very proactive and stated he sat in on a couple of meetings with the developer and some of the residents of Tropic Isle as well as some of the business leaders in the community. He stated while the Chamber of Commerce does not make recommendations on the site plan, they believe that projects should go through due process. 14 11/06/12 John Malloy, 947 Hyacinth Drive, Delray Beach, FL 33483, stated his daughter bought her first home on 925 McCleary Street which backs up directly to six (6) proposed restaurants with 3,000 square feet of outdoor dining and entertainment area. Mr. Malloy stated the applicant has increased the setback 5 feet so now the 3,000 of outdoor dining entertainment is 20 feet from his daughter's backyard instead of 15 feet. He stated the 3,000 square feet is about equal to 1 %2 blacks of downtown Atlantic Avenue or the equivalent of Boston's and the Sand Bar on the beach. Mr. Malloy stated Tropic Isles was there first and feels they are "grandfathered in" for peace and quiet of the neighborhood in raising their families. He stated the shopping center needs to be revitalized but feels this is too intense of a use 20 feet from homeowners in Tropic Isles. Mr. Malloy stated between each building there is 3,000 square feet of outdoor dining and residents asked that it be moved to the front of the building so that the noise would not be funneled directly into Tropic Isles. Mr. Malloy requested the applicant design it so the buildings buffer it but so far this has not been done. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483, stated the transitional nature of what is there now protects the single family neighborhood and the developer is asking for rezoning that is reasonable; however, Mr. Katz stated there are issues that do affect the neighbors and the City at large. He stated in asking for the rezoning the developer is saying he will not abide by that new zoning when it comes to FAR (Floor Area Ratio) and parking. Mr. Katz stated we have Codes for a reason and this is a dangerous precedent to set. Richard Van Gemert, 912 Eve Street, Delray Beach, FL 33483, presented 72 petitions from the neighborhood that is requesting the Commission to vote "no" on this rezoning. Mr. Gemert stated this is not compatible at all with the Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach. FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach and Member of the Alliance), stated for 31/2 years he has attended and spoke at almost every City Commission meeting and he knows how they work. Dr. Kirson urged the Commission to deny the proposed project. He stated the developers had 7 months to come up with a reasonable plan. Steve Camp, 931 Eve Street, Delray Beach, FL 33483, stated he has owned a foreign business in Delray Beach for 26 years and has banked with Bank of America so he is familiar with the area. Mr. Camp stated he would like to see business thrive on this corner but this project as proposed is too much for this location. Gary Eliopoulos, 314 N.W. 7th Street, Delray Beach, FL 33444, (sneakine on behalf of a client who is renovatine his house two blocks from this site). urged the Commission to pass this ordinance with extreme caution and stated that a site plan was attached to this. Mr. Eliopoulos stated this has to be compatible and all that is there now is parking and buildings. He suggested that the Commission give direction to 15 11/06/12 SPRAB and make sure they look at the site plan and make sure that we can start looking at things that are more reasonable as just opposed to square footage. Fred Fetzer, 932 Evergreen Drive, Delray Beach, FL 33483, stated he sent an email to the Commission with Mr. Malloy's email attached to it and noted there are some serious problems with the site plan. He urged the Commission to do the right thing and stated we need development there but we need the right kind of development that is respectful of the neighborhood. Mr. Fetzer concurred with comments expressed by Mr. Eliopoulos and stated we need to move forward to the second reading but with the stipulation that the Commission not approve the site plan the way it exists today because there are too many problems with it. Mr. Fetzer stated it is evident from the staff report and from the residents' comments that there has to be a lot of changes made in that site plan to make this compatible. Nancy Richards, 934 Cypress Drive, Delray Beach, FL 33483, supports the rezoning of this area and if it has to be conditional rezoning she understands. She stated most of the people that she speaks to that are not directly affected want something commercial in that corner and believes it is a springboard for fiirther economic development along the South Federal Highway Corridor. Ms. Richards stated this will create numerous jobs and urged the Commission to look at what is best for the City long- term and support the rezoning with conditions they feel should be set. Vin Nolan, Economic Development Director of Community Redevelopment Agency (CRA), supports the SAD rezoning on this project and stated it is a major traffic point where residential neighborhoods conve3rge and the use of this property as it is currently zoned has resulted in a decline over a period of time. Mr. Nolan stated this is a challenged piece of property and in order to get a quality development here the SAD approach gives the developer and the planners the tools to work within that. He urged the Commission to move this forward. Bob Wiebelt, 955 Jasmine Drive, Delray Beach, FL 33483 and owns the Delray Plaza at 2275 South Federal Hiehway, stated the Delray Plaza has been in his family since the late 1940's and most of his life he has lived on South Federal Highway or Tropic Isles. Mr. Wiebelt stated this development on Linton Boulevard is going to be the catalyst of bringing other quality development in that is going to increase the values of the neighborhood. He stated this area is currently an eye sore. Kelli Freeman, 917 Banyan Drive, Delray Beach, FL 33483, stated she is here as a resident of the community not as the President of Tropic Isles because their Board is divided on this issue; those who live on the north side do not want it and those who live on the south side do want it. Ms. Freeman stated she does not believe anyone in this room would want to live on McCleary Street with a restaurant and seating area right behind their house. She encourages the SAD zoning and asked for clarification as to whether the SAD zoning must come with a site plan approval. In her opinion, Ms. Freeman stated she feels it is inappropriate for this meeting to be held on election night. 16 11/06/12 Patrick Ryan, 3161 Jasmine Drive, Delray Beach, FL 33483, supports this project because he is tired of looking at the vacant car dealerships and blighted buildings on Federal Highway. Mr. Ryan stated this project will create jobs and the city needs the income that will be brought in from these businesses. Michael Weiner, 10 S.E. 1St Avenue, Delray Beach, FL 33444 (sneaking on behalf of the applicant), stated this process has to gone on for at least another month and they are making changes to the plans. Mr. Weiner stated and looks forward to the intensive quasi-judicial SPRAB meeting where they get the chance to speak to the professionals on some of the issues that have been presented here tonight. There being no one else from the public who wished to address the Commission regarding Ordinance No. 41 -12, the public hearing was closed. Mr. Jacquet stated he challenges the Commission to remain focused and has some issues with this project; one is the trucks going in and out and the other is the people who live immediately south of that property with the outdoor restaurant and the possible noise effect on their quiet enjoyment. He stated we need to allow more businesses to come in and create a better environment for businesses to come in and generate some tax dollars. Mr. Jacquet stated he supports moving this forward to SPRAB so that it can come back to the Commission on second reading at which time he hopes they will have a different product. Mr. Carney stated he feels the SAD rezoning is appropriate; he has been here since 1985 and there has never been a vibrant office environment there but at the same time he feels we cannot ignore the effects of whatever is put there on the abutting neighborhood. He feels it is appropriate that the Commission give guidance to SPRAB - -of what- they - expect -wben it-- cornes -. back.-- Mr--Caniey stated- the - landscaping -is - sorely . ; deficient as presented and he does not want it to look like the Best Buy at the corner of Congress Avenue and Old Boynton Road. He stated it needs to be a showpiece and as former Commissioner Eliopoulos expressed "the gateway to South Federal Highway." and it is a very valuable and profitable site but he first looked at the idea of doing an SAD he did not expect it to be that busy. Mr. Carney supports this going to SPRAB and stated the Board is going to have to look at the landscaping, the landscaping setbacks, open space, square footage, hours of operation for the deliveries of the trucks, the buffering at the back of the building, etc. Mrs. Gray stated she is in support of the SAD for it to move forward; however, she is concerned about some of residents' concerns mainly the parking lots with all the concrete. She stated she understands that the applicant has put in place more buffers on the back end where the restaurants are and asked if there are doors to the entranceway. Mr. Hoggard stated the delivery doors and the walkway in the rear of the buildings on the north side of project fronting on Linton Boulevard have been eliminated. These buildings will now be serviced from the front. 17 11/06/12 Mr. Weiner stated they are hopeful for a varied retail experience which will include shopping and dining, food, and grocery type activities at the shopping center. Mrs. Gray stated she is excited about the project coming but as the Commission has stated they do have some more concerns. Mr. Frankel thanked everyone for coming out and stated for him it is especially helpful hearing all the perspectives. He stated it is very important to do something with this corner. Mr. Frankel stated it is very reasonable to limit delivery hours and the amount of restaurants. Mr. Frankel stated the tenant is a tenant that every city in Palm Beach County. He stated he supports going forward with this but there needs to be some changes made in December for him to move forward with it. Mayor McDuffxe stated this is a critical project for the City of Delray Beach and it is a critical project for those of who have lived on South Federal Highway. He stated this developer has been working with the neighborhood, staff, etc. Mayor McDuffie stated this project needs to be moved on and stated this will bring hundreds of thousands of dollars a year in property tax that comes to the City. There being no one from the public who wished to address the Commission regarding Ordinance No. 41 -12, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 41 -12 on First Reading/First Public Hearing seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:40 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12. ORDINANCE NO. 31 -12: Consider a city - initiated amendment to Chapter 117, "Landlord Permits ", of the Code of Ordinances, by amending Section 117.01, "Permit Required", to remove the reference to the rental payment amount. If passed, a public hearing will be held on November 20, 2012. The caption of Ordinance No. 31 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 117.01, "PERMIT REQUIRED ", TO REMOVE THE REFERENCE TO RENTAL PAYMENT AMOUNT; 18 11/06/12 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31 -12 is on file in the City Clerk's office.) Terrill Pybum, Assistant City Attorney, read the caption of the ordinance and stated this is an amendment to the landlord permit ordinance Chapter 117 of the Code of Ordinances to remove the reference to the rental payment amount from the ordinance due to multiple objections that the City has received from people applying for landlord permits and staff felt this would help streamline the process. Mr. Frankel moved to approve Ordinance No. 31 -12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.B. CONDITIONAL USE REQUESTIJOURDAN'S BRIDGE CLUB: Consider approval of a conditional use request to allow the establishment of an indoor recreational establishment that will occupy a 6,000 sq. ft. tenant bay within the Delray Town Center Shopping Center (Phase I) for Jourdan's Bridge Club, located at the northeast corner of Linton Boulevard and Military Trail. (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 pat to corriiriuriica ions --. 17hhe -Consinissid ha.l rib ex parf-commuriic iozis- %- sclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -221. Mr. Dorling stated this is a conditional use request for the Jourdan's Bridge Club to allow the establishment of an indoor recreation establishment at the Delray Town Center Shopping Center at the northeast corner of Linton Boulevard and Military Trail. The conditional use request is to establish an indoor recreational facility for playing bridge within a 6,000 square feet tenant bay to the Aldi Food store. The facility will accommodate 212 patrons with bridge sessions conducted at assigned hours that occur from 12:00 p.m. -4:00 p.m., Monday through Sunday and from 7:00 p.m. -10:00 p.m., Monday through Thursday. At its meeting of October 15, 2012, the Planning and Zoning Board considered the request and recommended approval. Richard Cher, Architect, 601 North Federal Highway. Pompano Beach, FL, stated at this facility they teach and play bridge there. Mr. Share noted that 19 11/06/12 their lease is up and they want to move. Mr. Jacquet stated he noticed the hours of operation and asked if the applicant has any intention of expanding those hours. He commented about the minor issue with lighting. Mr. Dorling stated there was a request from the Fire Department to install an exterior light on the rear door. Mr. Dorling stated the conditions of approval attached to the City Commission documentation include that. Mr. Carney asked if this is creating the ability for them to Segway into an internet cafe. Mr. Dorling stated internet cafes are different and are prohibited in the city. Mrs. Gray asked if there will be some type of gaming machines. Mr. Share stated there is no proposal for that and it is more of a teaching facility. 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, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. N.C. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney moved to appoint Jerry Rabinowitz as a regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDufEe — Yes; Mr. Carney — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager The City Manager stated he emailed the Commission a memo and also placed a copy at their places on the dais to give them a report on the City Manager's selection process. The City Manager stated the City of Delray Beach received 50 applications and noted that the City of Port Orange has been through an application process which was open a little longer than ours and they received a little over 60 applications. The City Manager stated he expects by the end of the week to have the top five (5) identified with a couple of alternates subject to the results of a background check. 20 11/06/12 The City Manager stated he had a conference call today and the process that was recommended to go through in completing the selection is that it be a two day process for interviewing the top two candidates and if the Commission is willing to use a process of that sort he asked that they identify two days either the last week of November or the first week in December. The City Manager stated he would anticipate for the one -on -one interviews that the Commission needs a half day and then the next day hold a meeting to have public interviews of those five candidates. The City Manager stated staff needs a consensus from the Commission on this process. Mr. Carney stated it would be helpful if the candidates drive around and see the city before the Commission sits down with them so that they will have a better understanding of the city. The City Manager stated staff will provide the Commission with a list of suggested questions to ask each candidate as well as a list of prohibited questions. The Commission agreed to have the one -on -one interviews with the candidates for City Manager and the public meetings on December 6, 2012 and December 7, 2012. After brief discussion, the City Manager suggested that the Commission think about whom they would like to have as part of the citizens group and each Commissioner should choose one. The City Manager stated to inform the City Clerk by November 20, 2012 with their names for the citizens group. Mr. Jacquet inquired if there is a time for December 6th and 7th. The City Manager stated it will be a half day; 31/2 hours if the Commission interviews every minutes.._ and._ allow._ about._ ten ._.xnixtutes.in.._bet�veen,... The.. City.. Maxlagcx .........._.._. ................ stated if the Commission would like to conduct the tours first then the interviews would be conducted in the afternoon. U.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated this is a great American day. 13.C.2. Mr. Carnev Mr. Carney asked if the City has heard back from the Downtown Development Authority (DDA), Community Redevelopment Agency (CRA), or the Delray Beach Housing Authority (DBHA) in response to the letter that the Mayor sent. The City Manager stated the CRA said they would discuss it at their next meeting. With 21 11/06/12 the Commissions consent, Mr. Carney suggested that the City Manager draft a letter for the Mayor's signature asking the DDA, CRA, and DBHA to have their respective Chairs respond to the Commission as to whether this is something they are going to go forward with or not. The City Manager stated he spoke with Marjorie Ferrer today and she said they have a meeting with the DDA Board and she did not think there would be any problem with them coming under it. Secondly, Mr. Carney inquired about the Beach Renourishment situation and understands that due to Hurricane Sandy things have changed. The City Manager stated the Beach Renourishment is currently scheduled to start in February because the contractor had other jobs that he was doing before he starts on the City's. The City Manager stated they also received an inquiry about why the City is doing this in season instead of the summer and this has to be done in the winter because it cannot be done in turtle nesting season. Mr. Carney stated Visions 2020 had their first meeting yesterday and Commissioner Gray sat in on the meeting. He stated it was very productive and they interviewed two consultants. Mr. Carney stated they are going to be entering into negotiations with a firm this week and the next meeting will be on Monday. He stated the plan is to have the Visions session in mid - February with the final report coming back to the Commission in mid - March. Lastly, Mr. Carney stated he sent a proposed ordinance that they are doing today in Palm Beach Gardens which will be amending their Charter that will allow the city to create tax incentives similar along the lines of what the CRA does so that the City will be able to do in many cases that which the CRA can do. 13.C.3. Mrs. Gray Mrs. Gray stated she attended the Sports Commission meeting at the Hyatt that was held for the first time in Delray Beach and the Board members look forward to working with the Commission with more of the projects. Secondly, Mrs. Gray stated she had inquired about the Economic Development Director being housed in City Hall. Mrs. Gray asked if the City can have the Sports Commission come to attend a January Workshop meeting to discuss what they are doing and how they can help Delray Beach. The City Manager stated that is next year. Lastly, Mrs. Gray stated she asked for a contract from Parks and Recreation and asked if the City Manager knows where we are as far as leasing out our spaces. The City Manager stated that is in process and almost finished. Mrs. Gray stated she would like to hear from the Sports Commission about that being that they deal with a lot of municipalities and their venues. 22 11/06/12 13.C.4. Mr. Frankel Mr. Frankel stated he has received complaints from people towards the east about some large gatherings of approximately 100 or more people on the beach in the morning holding meetings. He stated these people would like to know whether or not these people have to have permits. The City Manager stated he researched this and found that the Code prohibits gatherings of more than 25 people and has informed Parks staff and the Police Department. The City Manager asked if this is still continuing now and Commissioner Carney and Commissioner Frankel noted it is about 7:00/7:15 a.m. before the lifeguards are on the beach. Mr. Frankel stated since this is a Police issue that this is looked into. Secondly, Mr. Frankel thanked the City Manager for his quick responses about FPL and a lady wants to walk her dog at night on Federal Highway but cannot because it is not safe. He stated there have been some attempted robberies in this area and last Thursday a gun was shot at a Palm Beach County Legislative Aide. Mr. Frankel stated he feels a lot of the problems could be alleviated if the lights were on because this seems to be an ongoing problem. 13.C.5. Mayor McDuffie Mayor McDuffie stated the City is off to a start on the broadband regarding the digital divide and he will be meeting with C. Ron Allen for that purpose and another purpose that was discussed tonight. Mayor McDuffie stated there are 2,708 residences in Tropic Isle, Tropic Bay, and Tropic Palms. There being no further business, Mayor McDuffie declared the meeting - .... -adj our-ned --at 3-: -1.3. p:m........... - . ....................... -............ ............................... -...........:...-...........-...-.-..-.. ............................... _ ........................-. ............................... - ........... ATTEST: 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 6, 2012, which Minutes were formally approved and adopted by the City Commission on December 4. 2012. 23 11/06/12 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. 24 11/06/12 IN. N. TH-E CITY' COMMW10-N -CHWBERS OF TH.E., OTY OF DELP,AY BEACH; RO.RI.QA OIRDE R- OF THE CITY COMMISS ION OF THE CITY OF DELP" ..k. (- 0EA-QH FLORIDA WAIVER REQUESTS. FOR. HE . LIZ BUILDING AT 4451E.A.STATLANT1.0 AVENUE 1, These. Waiver- -tdjuetts cbrhoi b6fdr&,the: City. Co.trnistlion Oh November- 6, 2012. - 2: The Applicant. and City staff presented d oc umentary evidence an d testimony to the City ssiw pert akh 9: to the waiver request for tbe. U Wtdin -at Y. com.mi min 1z I g 445, East Atlantic Avenue-. All of the evidence. 61s. a part of the.-, record in this case. kequliedifihdift- gs ;� are with Subsection' l,. I. WAIVERS-, Pursuant .to-.L1).R.SL-ction.2*-4..7*B . )(5), prior to granting. a: waiver, the approving body shall make -afindi thAt:the.0r;ahtth�ofthi�weijver. . y I ... .1 - ., ng g. (a) -Shall. notadversely- affect the.. rielghbod n gArea; (b) Shall not significantly diminish the provision of Ptiblio. fkillflog; (G) Sha,l!. not create an unsafe. situation., and, (0) Does not result in the. gralpt of 4 -sp�1600! privilege ift thPt: the same .. ... . ....... ...... ................ . -waiver- woUld.,-bia-,-gr,,ante.d --- --other property for another applicant. or' owner, X Waiver to LDR Section 4.4,13(17)(4)(a)(2) Pursuant to,* LOR Siedlon 4.4.13(F #)(a)(2 ), buildings: With: nonresidential us.e.sorjthe,:groun floor. in Me C-81) disitrict most have a,minimurn set . back d of five. feet The .applicant- is a8ki n g1or a waiver to pollOW an arohit ctural feature that arigIes upwatd that hag -a- setback;of tw(A60-t-4 inches ,(2',V')!6tth6 bottom- ofthie feature., which is at ground level., and: a setback of zero feet (0') :At the too of' the feature ' which. is fifteen feet, nine inches (I 5'9"I. from groutid level, Should this waiver to Section 4.4.1 3(F)(4)(a)(2) be granted? Yes ✓ 1 M City Commission Meeting on November 6, 2012; Item I O.A. ............ WalVer to. LDR Section 4.4A3(F)(1)(a� Pursuant to LDR Section 4.4.113(F)'(1)(4) the over . .1.1 height' ht Of buildings. 9. shall be, be, A thinimurn. dfAwent-y4 fleet f 51 and a maximum ,6f- forty .eight feet ) in h 8i 9 L4i . The, applicant is asking for a waiver to.. allow a.. building- height. of fO.u.rtQpry foot (1.4'). Should tho waiver .to -Sedti.on 4.413( . F)..(j)( id AdW .6 build heiltilht: bt fourCeen. feet (14'). bo granted.1% Yes v/ No C. Waiver to LDR Section 4.6.j8(9,)(10(1v."2 Pursuant: to LIAR Section 4,6A 8(B)(14)(i.V-)(2, the minimum: t_ain. p r 0 -, . . . .. _.; — ­1. ) . . q. $_4pn.y or glass, sprfape area on:. the ground floor- w . a I area of all qon!.r6jdential .and mixed -use buildings: shall be a- tntift rhini.of', i 6venty-five r percent X75%) of the wall area for that .elevation: The applicant is asWiqg fora waiver iver to allow for fifty -two :percent. ( 261 transparency tri. the ground.. f r. wall area for the Federal Highway eJOVatJOh:*and idr the: Avenue .elevatioh- $hb Id the. Waiver to Section. 4-8A8(0)(14 O(1V) ( ). - to altow for- fifty-two peraant.O2 %)*arisparehcy be granted?' V, "N.6 The City.- CornMissloq. h as. applied th e Comprehensive e P lan an , d LD k toijil... . ... t .­re rnen.s in existence at: the. time, the odgilhat development application was submitted and: finds that'its detOrminatl'ons set forth in this- Order are-conisiste nt with thd Qorn' ens'. re: Q Plan, p h N 4., 'The City 'Cotbrhigsibh- firtcls, th6re is ahlojq: arid competent substantial evidence to support its findings In the reQ ord. sub r i tte'd and ad opts the fns contained 2 City Commission Meeting on November 6,2012; Item 10.A. in the -,record including but not limited lo. the staff reports, testimony of experts, and other !Ewpof pl witnesses supporting these findings: 5. Based -on the entire record before, it, the... City Commission approves V/ denies _ thevaiver request. 6. Based : on the efitke record beforalt, the City Cortirril9sl6n, hereby adbpts thiI s. Order.` this 6th day f November- 2G 2, by a vote of . 5 n o y .01 favor and' 0 opposed. ATTEST: Chevelle NUblh;.City e rk Nelson S. MeDuffie., Maya(,YL-/' 3 City Commission Meeting on November 6, 2012; Item 10.A. IN THE CITY COMMISSION. CHAMBERS. OF THE CITY OF DELRAY BEAC.H,.. FLORIDA CONDITIONAL USE REQUEST FOR JOURDAN 3S BRIDGE ;.LUIS ORDER OF THE CITY COMMISSION MISSION OF THE4.111TY.OP DELRAY BEACH, .FLORIDA 1 This conditional. use request has come be #ore .the. City. Commission. on November 6, 2012', The conditional use. request.- is: to allow the establishment: of on indoorreoreational esta4lish Merlt. in the Delray TOW.4 :Center -Shopping ,Center 2. The Cifystaff,. appficant,,: and. other persons have: presented documentary evidence and teStirriony to the City Comfhi s a Ipettairl.ifig to the. conditional use request of Jovroan,s! Bridge. Club. All of the evidence is a.: part of the. record in this case.. Required findings are made irl Sections 1,11 and 111 below..... FUTURE LAND: USE MAP Ai Consistency- Pursuant to L.D.R.. Section 3.1:1, the use and structures Must be allowed in the. zoning district :within winch the land is situated and said'zonitig. must be consistent. With applicab. e land use. designation. as :shown on the Future Land Use Map, Are the; use anal structure co.nsiskent - with the Future Land Use Map designation? Yes _. v" N6. II. COMPREHENSIVE PLAN A. Coftcrjrteilcy*.' Objective B=2 of the Land Use Fibment of the Comprehensive Plan, requires that development not exceed the ability -of the City t0fund and. proVide, or to, require the provision of, need 0 t 6 the capital. impr m ns for following 'areas:. Are the concurrency requir-emotsi met. With respect to water, 'sewer, par Ksi. jo p 'o ..en space and, recreation, drainage, :schools, solid waste; and traffic? 1 City Commission Meeting on November 6,2012; Item 10.B. Yes No ill; LOR REQUIREMENTS: A. Section. 2.4.5(Qffi, requires: certain: inding c1% The 'PQnd.it1pqaj use: vial 1. Havre a significantly detrimental effect upon the; stability -of the neighborhood within 'whi.c. it. Wj(1 be 2, Hinddir end nt 'ed" 1' 0-601 of.. he_a(b.y- 0 p .ev - es'' OPOM Will Section 2.0(E)($) be:.rnetl No 3. The City Comfnission. has. applied the Con1pr0herisive. Plan and LDR requirements in existence at the time the conditional: use. a . 'on was, submilted.. ppilizati 4. The City Commis ioa finds thqrq" is ample c0m peteht substantial e Idence, to support. its.; fin* i V1 W ngs in the record submitted. and adopts.thia. facts. .1b.ontained in the record. including but: not limited to the staff report$-and te$timgny of witnesses supporting theserfindings, 5. Based. on:ihe.en'ilre. record .before li.-,,,th-e.. City. C,.*.o,-m-missio-napproves v donf6s fhe., oonditional, Use application subject to. t f he condition's attached hereto th 5khibit:'A-P and hereby adopts this Order this da ofNN-amber, 2012,by.a vote of Y .5 in fa .0(ao y d , 0 opposed d L Nei-son S, McQ.uffiia, M(Y* ATTEST: PhevelleMbin City Clerk 2 City Commission Meeting on November 6, 2012; Item 10.8. L` 1f "A" Coo-ditioas Related. to jourdan's, Bri.d ..lub 1. That. the number of patrons shall not exceed 212- dUrlho, any. assigned sessions., 2. That a Class 1 site plan modification application be. processed for the proposed orchitecturW: elevation changes. 3. That. a wall mounted. light fixture be itista.11.6d at the new Side egress: door that complies wit the. Cjys lighting roqufeementfbr the. ..h building entrances. 4; That.. the overall site plan be updated to reflect the recently approved. Chase Bank building at the 0puthe'Ost d6rrldr bf the- site.. 56. That the interior site landsctiplrig be maintained to Oomply with app'rovdd landscape plan. 6i: That the seating layout plan- be revised to -show a total of 53 tables: T. That the following: Fife. Departmeht' Life Safety *Comments: be addressed Prior to the-Issuance- of a. bullding. permit: a) indicate. the following Fire. Code references- Florida Fire. Prevention Code, ton, NrPA 1, e. Code 2000 Florida. and ZfO Edition, Fir Edition;, a N FPA 101, 006 Safety Q. od . % Mg Florida Ed. - ition.6 . . . . ....... ..... ­ Prbv'ldp sea Ing P an. ' f, . ........... . .......................... .. . . c) Address seating at tables abutting an aisle. Se.e NFPA, 101 — X 12.254.3- forguidance... d) Show panic :hatdwarO for now doors atmairi entrance,. e) Provide Life, Safety Plan showing. EXIT Signs..,.. emergency lighting, and fire. extinguisher placement. f) Pro'\(ide evacuation diagrams ift aecordance, With 7.10-.8;5. g) Post occupant. load in a conspibuous place near main exit from room: h) Indicate whether the building has an existing fire sprinklet. I fire alarm systems., which are.0 6rittal Station. Occupant load exceedihq, 300 shall City Commission Meeting on November 6, 2012; Item 10.B. be protected by an approved,. supervised, automatic sprinkler system in accordance. with 12-9,5.2. Presently, the p.la.n, -shows new 1 hour West W811 to eidond to u : nderside of roof dbck,- Tera'nt separation between: an assembly and a Mercantile must be 2': hou'r$ in aGdordance Table 6.1 14A1 (b), PPI-ess protected throughout- by an approVed automatic spri n*kler. 2 City Commission Meeting on November 6, 2012; Item IO.B.