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12-04-12 Regular City Commission MinutesDECEMBER 4.2012 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 6:00p.m., Tuesday, December 4, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie 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 Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mrs. Gray requested to pull Item 8.5.2., Bid Award to ELEV8 Snorts Institute, Mr. Jacquet noted a correction to Item 10.1). and stated this item should read Item 10.D., Filling Unexpired Term for Seat #1 not for Seat #2. 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: Mrs. Gray moved to approve the Minutes of the Regular Meeting of November 6, 2012, 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. 12/04/12 Mr. Frankel moved to approve the Minutes of the Regular Meeting of November 20, 2012, 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. 6. PROCLAMATIONS: 6.A. None 7. PRESENTATIONS: 7.A. Dedication of the. City Hall Time Capsule by the Delrav Beach Preservation Trust Dan Sloan presented a Time Capsule created by the Delray Beach Preservation Trust in celebration of our 100 year centennial and will be opened in 2111 and it contains a number of things that the Board feels will give future generations a glimpse into life into 2011 in Delray Beach. 7.B. Presentation of Match Point Trophy to the City of Delray Beach Mark Baron, Match Point, presented the Commission with some items from the Junior events and memorabilia to the City Manager. Mr. Baron presented Mayor McDuffie with the tournament trophy to the City of Delray Beach for the 2012 ATP Delray Beach International Tennis Championships. Also, Mr. Baron presented a report to the Commission on the telecast of the tour event for the semi-finals and finals. 7.C. Recognizing and commending Pauline Moody for her contributions and service in the community Pauline Moody came forward to accept her award and gave a few brief comments regarding the Police Department. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarterly Meeting of November 8, 2012. 8.B. ACCEPTANCE OF A SIDEWALK EASEMENT DEED/COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve acceptance of a sidewalk easement deed from the Community Redevelopment Agency (CRA) to provide public access and give the City the right to maintain the sidewalk for the property located along the east -west alley between N.W. 1 st Avenue and North Swinton Avenue. 2 12/04/12 8.C. AMENDMENT NO. I TO THE MAINTENANCE MEMORANDUM OF AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Approve Amendment No. 1 to the Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) to allow the City Manager or his designee to sign future amendments and include landscaping within the FDOT right-of-way along SR A -1-A. 8.D. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES FY 2012- 2013: Approve Amendment No. 1 to the Interlocal Agreement for Funding of Construction/Professional Services FY 2012-2013 with the Community Redevelopment Agency (CRA) to modify Item "D" on Exhibit "A", to include the Block 20 Alley improvements and increase the amount of funding from $100,000.00 to $160,000.00. 1. Contract award to Rosso Paving and Grading, Inc., the low bidder, in the amount of $137,866.13 for construction of Block 19 and 20 Alley improvements; contingent upon approval of Amendment No. 1 to the Interlocal Agreement with the CRA. Funding is available from 334-3162-541-68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue- Atlantic/MLK) and 448-5461- 538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue — Atlantic/MLK). 8.E. MODIFICATIONS TO CONTRACTOR PREQUALIFICATION PACKAGE: Approve modifications to the Contractor Prequalification Package to include a new category for Advanced Metering Infrastructure (AMI) Deployment/Water Meter Replacements. 8.F. COMMUNITY DEVELOPMENT BLOCK GRANT -RECOVERY (CDBG-R) GRANT CLOSEOUT AGREEMENTS/DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: Approve submittal of the Community Development Block Grant - Recovery (CDBG-R) Grant Closeout Agreements with the U.S. Department of Housing and Urban Development (HUD) to accept disbursement in the amount of $156,617.00 for completion of roadway improvements for S.W. 14th Avenue from S.W. 1st Street to S.W. 2nd Street. 8.G. HOUSING REHABILITATION GRANTWONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Community Development Block Grant (CDBG) to the lowest responsive bidder, CJ Contracting, LLC, for 610 S.W. 5th Avenue in the amount of $22,548.56. Funding is available from 118-1963-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.H. CONTRACT FOR SERVICES/BALLARD PARTNERS, INC.: Approve a Contract for Services with Ballard Partners, Inc. to provide state lobbying services to the City regarding sober house legislation. 12/04/12 8_I. AGREEMENT FOR PROFESSIONAL SERVICES/WEISS, HANDLER & CORNWELL, P.A.: Approve a Contract for Services with Weiss, Handler & Cornwell, P.A. to provide state lobbying services to the City. 8=T. APPOINTMENT TO THE VISIONS 2020 STEERING COMMITTEE: Approve Mayor McDuffie's appointment of Mark Stowe to serve on the Visions 2020 Steering Committee. Mayor McDuffie moved to appoint Mark Stowe to serve on the Visions 2020 Steering Committee. &K. LETTER OF AGREEMENT/JOHN SCOTT DAILEY FLORIDA INSTITUTE OF GOVERNMENT AT FLORIDA ATLANTIC UNIVERSITY: Approve a Letter of Agreement with The John Scott Dailey Florida Institute of Government at Florida Atlantic University in the amount of $28,782.00 for technical assistance/facilitation services associated with the Visions 2020 project. Funding is available from 001-1111-511-31.90 (General Fund: Professional Services/Other Professional Services). 8.L. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS - SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. 8.M. RESOLUTION NO. 59-12: Approve Resolution No. 59-12 calling for a Special Election on a charter changes to be held on March 12, 2013, to provide for a referendum on charter changes presented in Ordinance No. 35-12, Ordinance No. 36-12, Ordinance No. 38-12, and Ordinance No. 39-12; providing for the time, manner and means of holding said election. office.) The caption of Resolution No. 59-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH; FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 35-12, ORDINANCE NO. 36-12, ORDINANCE NO. 38-12, AND ORDINANCE NO. 39-12; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 59-12 is on file in the City Clerk's 4 12/04/12 8.N. AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY/CONCENTRA HEALTH SERVICES, INC.: Approve an Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. in an amount not exceed $760,550.00 to provide certain healthcare services at the Employee Health and Wellness Center. Funding is available from 551-1577-591-34.90 (Insurance Fund: Other Contractual Services). 8.0. BONUS PAYMENTS TO JCD SPORTS GROUP, INC.: Approve FY 2011/2012 bonus payments to JCD Sports Group, Inc. for golf course operations in the amount of $15,319.80 and for Tennis Center operations in the amount of $6,154.65. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund: Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course: Other Contractual Service), 001-4215-575-34.90 (General Fund: Operating Expenses- Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General Fund: Operating Expenses-Miscellaneous/Other Contractual Service). 8.P. SPECIAL EVENT REOUEST/15TH ANNUAL FIRST NIGHT 2013: Approve a special event request to endorse the 15th Annual First Night 2013 event on December 31, 2012 from 4:00 p.m. to midnight, grant a temporary use permit per LDR Section 2.4.6(F) for the use of City rights-of-way and facilities as requested, and authorize generator use and staff support for traffic control and security, site cleanup and trash removal, barricade set up and removal, banner hanging, signage construction and installation, and EMS services. Per the Special Event Policies and Procedures, there is no charge for city -sponsored events. SPECIAL EVENT . REQUEST/16TH ANNUAL DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 16th Annual Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 2-3, 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 E. 4th Avenue, from N.E. 1st Street to S.E. 1st Street, and to provide staff support for traffic control, security and fire inspection services, and to permit an event sign to be erected on Atlantic Avenue just east of I-95 fourteen (14) days prior to the event per City Code. The estimated cost the event, which the sponsor is responsible for, is $6,000.00. 8.R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 19, 2012 through November 30, 2012. 8.S. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Layne Inliner, LLC in the amount of $17,110.00 to complete the relining of a storm water pipe in Chatelaine Subdivision. Funding is available from 448-5416-538-46.90 (Stormwater Utility Fund: Repair & Maintenance Services/Other Repair Maintenance Cost). 5 12/04/12 2. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 3. Contract award to ALSCO, Inc. for the estimated annual usage of $17,500.00 for linen rental service for the Delray Beach Municipal Golf Course Restaurant with the option to renew for two (2) additional one (1) year terms. Funding is available from 445-4715- 572-52.22 (D B Municipal Golf Course: Operating Supplies/ Uniforms/Linen Service). 4. Contract award to Prolime Corporation (PC) in the amount not exceed $120,000.00 for hauling and disposal of liquid lime slurry from the Water Treatment Plant (WTP). Funding is available from 441-5122-536-34-90(Water and Sewer Fund: Other Contractual Services). 5. Purchase award to Federal Eastern International in the amount of $53,341.00 for the replacement of ballistic bullet proof vests for the Police Department. Funding is available from 001-2115-521- 64.90 (General Fund: Machinery/Equipment/Other Machinery/Equipment) . Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. 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 6:17 p.m., the Commission moved to Item 9.11., Comments and Inquiries on Non -Agenda Items from the Public. 9.B. From the Public. 9.B.1. Paul Fitzgerald, 1610 N.W. 2"d Avenue, Delray Beach, FL 33444 (Marine Biologist who owns a Coastal Ecological Consulting .firm at 2219 Seacrest Boulevard, Delray Beach, FL 33444, expressed concern over the beach erosion from Hurricane Sandy and but also with regard to some of the winter storms that have taken place particularly over Thanksgiving. Mr. Fitzgerald stated there was a significant amount of sand material lost during the storms. He stated there is a proposed Beach Renourishment Project that is supposed to get underway next year but that is only on the south end of the beach and the north end is left with any additional sand input. Mr. Fitzgerald stated the sand that is going to be put on the south end of Delray Beach is going to benefit for the short term Delray Beach and long term Highland Beach and further south. He asked that some of the sand be redistributed to the north and urged the Commission to look into this. 6 12/04/12 9.B.2. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, distributed photographs of the Lifeguard Station at Atlantic Dunes Park to the Commission of the damage that Hurricane Sandy caused to the beach and briefly discussed each photo. Mr. Edick urged the Commission to give direction to City staff to put some sand where it is desperately needed, to seek emergency measures to amend the already approved, funded, permitted and contracted project that is going to be starting late January early February. He stated this has taken a generation for the dune to be created and it is only a few storms away from being destroyed and that will have two important negative impacts one is the beach erosion, the turtles, the ecology, the beach, the public who use the beach and destruction of the dune and the economic impact. 9.B.3. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483, supports the modification to the planned renourishment. Mr. Katz thanked the Commission for signing the current project in September before the storms hit ranges from north of Atlantic to south of Linton Boulevard. He stated significant portions of the beach are gone at high tide from Hurricane Sandy and at two of the lifeguard stations (S- 3 and S-4) there is no beach at high tide and people are walking on the dune which has also eroded. Mr. Katz stated south of Linton Boulevard has lost quite a bit of the dunes as well and suggested extending the project beyond the short distance south of Linton Boulevard. 93.4. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446 (continued his remarks from March 6, 2012, April 3. 2012, May 1, 2012, June 5, 2012, September 20, 2012, and October 2, 2012 meetings), read a brief statement into the record. 9.B.5. Clifford Durden, 702 E. Boulevard Chatelaine, Delray Beach, FL 33445, thanked the City Manager for the things he has done for Chatelaine. Mr. Durden expressed concern over the selection process for the new City Manager and stated more opportunity for involvement for the citizens should have been given so that whoever is selected can represent the citizens as a whole. Secondly, Mr. Durden stated Delray Beach deserves a person who can handle the business of Delray Beach and he does not see the rush for a City Manager before the Municipal Election. He stated the individuals that the new City Manager will be working with should have the opportunity to choose that particular individual because they share that responsibility with whatever happens when he gets into office. 9.B.6. Chuck Ridley, 210 N.W. 2°d Avenue, Delray Beach, FL 33444 stated he is speaking for those residents who are not here to speak and briefly spoke about the City Manager selection process and stated what person would submit an application if they can look two months down the road and recognize that their bosses who select them may not be sitting on the dais. Secondly, Mr. Ridley stated he has said some things to the City Manager on occasion that have been unkind and asked for his forgiveness. 7 12/04/12 9.B.7. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, stated with regard to the new trolleys that the City is going to get and since the holidays are approaching, Palm Tran cuts off on Sundays and there are a lot of people who travel through Amtrak and Tri -Rail who do not know that the City does not have a bus that will go out west. Ms. Moody urged the Commission to have another bus to go westbound during this holiday season versus everything going east on Atlantic Avenue. 9.11.8. Reggie Cox, 715 MLK Drive (N.W. 2"d St.) Delray Beach, FL 33444, stated he has been selected to sit on the Visions 2020 Committee and one of the items that was discussed on that Committee was to move the Community Forum from February until after the March Election in order to give the new administration that will be coming in to Delray in March the opportunity to be part of that Workshop (100-150 citizens will be present). Mr. Cox asked the Commission to consider the same process with the City Manager selection and give the community the chance for maximum engagement. 9.11.9. Howard Barr, Pastor at St. Paul Missionary Baptist Church, 46 S.W. lO=Avenue, Delray Beach, FL 33444, urged the Commission to reconsider the City Manager selection process and give citizens the opportunity to be heard. 9.11.10. 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 Delray Beach and Member of the Alliance), spoke in defense of the Police Department. Dr. Kirson stated the Police Department is very low on sworn officers and briefly highlighted some of their benefits that they have given up. 9.B.11. Mariio Beckman, stated her family has been in Del Harbor Condominium since the 1960's, stated the parking is a small cut -in and everyone pulls in to their parking area to make U-turns. Ms. Beckman stated there is also no sidewalk so people walk through the parking lot and someone is going to be killed. She stated this is a bad intersection with lots of traffic. Ms. Beckman stated approximately 5 years ago they put up beautiful palm trees in the easement but they took the trees down to build a sidewalk. She stated the easement is big enough for both the sidewalk and the palm trees. At this point, the time being 6:51 p.m., the Commission moved to Item 9.A., Comments and Inquiries on Non -Agenda Items from the City Manager. 9.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. Mrs. Gray asked the City Manager to explain the process for the public to participate for the public interviews for the City Manager on Friday, December 7, 2012. The City Manager stated the City Manager candidates will be publicly interviewed on Friday, December 7, 2012 and the interviews start at 9:00 a.m. and are scheduled to run from 9:00 until 1:00 p.m. He stated each candidate will come in individually and be 8 12/04/121 interviewed for one hour and if members of the public have questions they would like to have asked they can fill out a card and give it to the City Clerk and if time allows those questions will be asked of the candidates. Mrs. Gray asked how this was publicized. The City Manager stated there was an article about it in today's newspaper that gave the schedule that it would be a public meeting and a Press Release went out yesterday. Mr. Frankel asked how many applicants applied for the City Manager position. The City Manager stated there was 50 applicants and noted the position was advertised nationally. The City Manager stated the City of Delray Beach received applications from all over the country and there is one out-of-state applicant that is a finalist; the other three are in-state. The City Manager stated there appears to be misunderstanding of who the City Manager works for. He stated the City Manager does not work for the citizens of the community; they have ethical standards about how they relate to the citizens. He stated the City Manager works for the City Commission; he/she is hired by the City Commission and can be fired by the City Commission. The City Manager stated the City Commission leads the community and gives the policy direction that the Manager and staff are to follow; it is not the Manager's job to lead the community. He reiterated that the responsibility of the City Manager is to work for the City Commission and to carry out their direction. Mr. Jacquet expressed concern over the selection process for the City Manager. He stated with an Election in March 2013 with potentially three new seats that are going to change it bothers him. Mr. Jacquet expressed concern about the selection of the City Manager process and stated he is worried about hiring a City Manager immediately prior to a race where there could potentially be three new bosses for the City Manager. The City Manager stated there are Elections every year that is always the potential and he noted he announced his retirement in July of this year. Mrs. Gray stated when this was discussed previously the Commission agreed that this is how they would do this process and noted that she would have liked to have heard Mr. Jacquet's opinion earlier so it could have been discussed then. Mayor McDuffie stated this was opened up nationwide and the public will get an opportunity to speak and interview the four (4) candidates and the Commission will interview them individually. He stated there are two people for certain leaving and there could be two others. Mayor McDuffie stated this has been well researched and voted on. At this point, the time being 7:00 p.m., the Commission moved to Item 11, the duly advertised Public Hearings portion of the Agenda. 9 12/04/12 11. PUBLIC HEARINGS: 11.A. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER): Consider approval of the 2011-2012 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Nigel Roberts, Neighborhood Services Administrator, stated this is a request for approval of the 2011-2012 Consolidated Annual Performance and Evaluation Report required by the United States Housing and Urban Development Department (HUD) for utilization of federal grant funds. Mr. Roberts stated the CAPER is a summary of the 2011-2012 Community Development Block Grant accomplishments. The CAPER was made available to the general public for the period of November 11-26, 2012 and there were no public comments. Staff recommends approval of the CAPER. Staff recommends approval of the CAPER for submitting to HUD for the period October 1, 2011 through September 30, 2012. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Consolidate Annual Performance and Appraisal Report (CAPER), the public hearing was closed. Mr. Frankel moved to approve the Consolidate Annual Performance and Evaluation Report (CAPER), 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 McDuff e ---- Yes. Said motion passed with a 5 to 0 vote. 10. REGULAR AGENDA: 10.A.A. BID AWARD TO ELEV8 SPORTS INSTITUTE IN THE AMOUNT OF $38,400.00 FOR ANNUAL LANDSCAPE MAINTENANCE OF THREE (3) BALLFIELDS FIELDS AT POMPEY PARK: Funding is available from 001-4131- 572-34.90 (General Fund: Other Contractual Service). Linda Karch, Director of Parks and Recreation, stated this is a request for approval of a bid award to Elev8 Sports Institute in the amount of $38,400.00 for the annual landscape maintenance of Pompey Park's three (3) baseball fields. Ms. Karch stated this bid award is for the annual landscape maintenance contract and included specs for infield repairs, laser grading of the infields, lip repair of the infields, and the cost of clay and sod replacement. She stated two companies submitted bids on September 25, 2012; Elev8 Sports Institute quoted $38,400 and Sports Turf One, Inc. who currently maintain the fields quoted $48,047.72. Mrs. Karch stated Elev8 currently maintains the ball fields at Miller Field and Currie Commons. Mrs. Gray asked how Elev8 was selected. Ms. Karch stated they were the low bidder and this group has been doing Miller Park fields for years and for this particular item Elev8 outbid Sports Turf One. Mrs. Gray stated Elev8 does not actually 10 12/04/12 have a contract with the City of Delray Beach and when Bucky Dent sold in the contract it did not state that we can assign it automatically to Elev8 and she feels it should have went out to bid at that time. Mrs. Karch stated she is familiar with the contract with Elev8 and the old Bucky Dent and their contract expires in February. Mrs. Gray stated this maintenance contract should not have been assigned to that group without the City's approval or without the name being assigned on the contract in the beginning. Mrs. Gray stated in 2010 the City renewed that contract and the procedure is wrong. Tim Simmons, Parks Superintendent, stated Elev8 situation with Miller Park had nothing to do with Pompey Park but it had to do with the experience he had with Larry who is their maintenance contractors who maintains the fields excluding the Bucky Dent Baseball School name. Mr. Simmons stated their performance has always been exemplary. Mr. Simmons stated when the bids are sent out for the ball fields it states you have to have five (5) years minimal experience with sports turf maintenance and they meet that standard. Mayor McDuffie stated the City bid this out and these people responded. The City Manager stated staff can look at the current agreement to see if there was a requirement for Commission to approve the assignment and sort out the issue that Mrs. Gray is concerned about. Mr. Jacquet stated he respects Commissioner Gray's concerns to postpone this item in order for staff to do more research; however, he disagrees because the bid was lower by a significant amount and there was enough time to respond and it was a brand new bid. Mr. Jacquet stated Elev8 came back with an amount that was $10,000 lower and staff has indicated that they are very satisfied with the work that Elev8 is currently doing on two other ball fields. Mr. Jacquet supports award the contract to the lowest bidder. Mrs. Gray moved to postpone this item to the regular meeting of December 11, 2012 for more information, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — No; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — No; Mr. Carney — Yes. Said motion to postpone passed with a 3 to 2 vote, Commissioner Jacquet and Mayor McDuff e dissenting. IO.A. LETTER OF INTENT: CREATIVE CITY COLLABORATIVE CC /ARTS GARAGE: Provide direction regarding a Letter of Intent from the Creative City Collaborative regarding the OSS retail space. The City Attorney stated this item is regarding the purchase of the Old School Square retail space and the last direction he received from the Commission is to start a contract with Kanner & Pintaluga, P.A. The City received a Letter of Intent from Kanner & Pintaluga, P.A and has entered into negotiations with them and staff is 11 12/04/12 beginning to work on the contract. However, the City Attorney stated he did receive another Letter of Intent and wanted to get it back in front of the Commission to see if they have further direction. The City Attorney stated this Letter of Intent is also for $2,500,000.00 which is the amount that the Kanner and & Pintaluga, P.A. offer was also for. After brief discussion, Mr. Carney declared a conflict and left the dais. Mr. Frankel stated it is amazing what the CCC staff has done an amazing job with the space. He stated he would like to see that space continue to be the artistic hub of Pineapple Grove. The City Attorney stated by our ordinances when they do bring a contract back to the Commission it will be at a public hearing. Mr. Frankel asked the offer of the $2.5 million gets rid of all City obligations. The City Attorney stated the line of credit is approximately $2,600,028.00. The City Manager stated between what the City has received in rent from the CRA and the potential sales price it will pay it off. Mr. Frankel stated he would like to make sure that the taxpayer dollars are recouped. Mr. Jacquet echoed comments expressed by Mr. Frankel. Mrs. Gray asked how the $2.5 million will be paid. Connor. Lunch, Creative City CollaborativeNice President of Administration, stated there are a lot details that still need to be worked out with the City but there is a proposal that includes parking, etc. and it would probably go before the CRA. Mr. Lynch stated at this point they wanted to put the Letter of Intent forward to inform the Commission they are read to pay for it and they have certain funding in place. Alyona Ushe, Executive Director of the Arts Garage and City Collaborative, stated they will be doing a number of various funding initiatives including capital campaigns, articulating sales, a number of other components. Mrs. Gray expressed concern over the non -profits that the City is currently helping (i.e. Spady, Sandoway House, and Old School Square) and the funding. Ms. Ushe stated 75% of the funding came from the CRA and at this point they are at 34% and their intent is to use as little public funds as possible. Mr. Lynch stated their organization as created by a plan that was put forth by the City originally and then the CRA took it on and helped create it 1 %2 years ago. He stated the funding for this purchase they have several opportunities that we can explore through private donation as well as through subletting part of the space that they do not need to occupy to help subsidize some of the purchasing. 12 12/04/12 Mrs. Gray stated it was mentioned about 11/2-2 years ago there was discussion that the CCC would be in the garage and then move to the arts warehouse. Mr. Lynch stated this space has been more successful then they even imagined and to move that and have it become a dark section of Pineapple Grove especially between the core Atlantic Avenue connecting to Pineapple Grove. He stated they are not abandoning the warehouse project but they would modify that to be at least more focused on visual arts and put a lot less money into the redesign of that structure. Mr. Lynch stated they have a lot of educational programs and they are expanding that substantially in the coming year so the daytime will also be very occupied if they are able to maintain the space. Ingrid Kennemer, Coastal Commercial Group, stated they are in the process and trying figure out they things that are important to thein in terms of their contractual requirements. Mayor McDuffie stated if we are not close to closing he does not see any downside at looking at both. Mr. Jacquet stated if someone is bending over backwards to meet what the City has put out we need to respect that. Mayor McDuffie concurred with comments expressed by Mr. Jacquet. Brief discussion between staff, the broker, the CCC, and the City Commission continued. It was the consensus of the Commission for the City Attorney to work with the CCC and come back to the Commission with contracts. 10.B. CONDITIONAL USE REOUESTS/ATLANTIC PLAZA II: Consider approval to increase the building height to a maximum of 60 feet (59 feet 4 inches proposed) and to allow a density increase above 30 dwelling units per acre (43 du/ac proposed) for Atlantic Plaza II, which is a proposed mixed use development on the north side of Atlantic Avenue, south of N.E. 1 st5treet, east of N.E. 6th Avenue, and West of Veterans Park. (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 reiterated the communications he disclosed at the prior hearing on this issue and the only addition is he met with the Florida Coalition on Preservation and they expressed their concerns about the project. Mrs. Gray stated she 13 12/04/12 spoke to the developers, Mr. Andy Katz, and received numerous emails in support of the project and against the project. Mr. Carney stated in addition to the communications he disclosed previously he also had some further conversations with representatives of the developer and certain representatives of Palm Trail including Ann Swank, some representatives from the Marina District including Carolyn Patton and Lanie Lewis from Lake Ida. Mr. Carney stated he will incorporate by reference all of those who wrote him emails as the items that he is disclosing that are part of the public record in his email account with the City. Mr. Jacquet stated a restatement of the prior communications as stated in the last meeting. In addition, Mr. Jacquet stated he has met with the Florida Coalition on Preservation and he recently spoke to Mr. Bill Morris. Mayor McDuffie stated he read 55 emails today with regard to Atlantic Plaza and some of the comments are as follows: Palm Trail Homeowners' Association likes the fact that the developer is willing to close 7th but still does not like the project; another individual said 30 parcels per acre higher "no"; someone did not like the lackadaisical stance of Planning and Zoning; someone said it far exceeds the height and density; someone else said too tall, too dense, and too blocky. Mayor McDuffie stated he received emails from citizens and merchants. Mayor McDuffze stated he ran a count and the citizens approximately 80/20 against the project; the business people probably 90/10 for the project. In addition, Mayor McDuffe stated is the email he declared the last time; he also spoke to Bill Morris and Jeff Edwards this afternoon to go over the changes. that have been made and to make certain that he had the changes that were made up to the last minute before he steps down. The City Attorney reminded the Commission that this is a continuation of the previous Quasi -Judicial Hearing on this item. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file # 2012-182 into the record. Mr. Dorling stated is consideration of two conditional use requests for Atlantic Plaza increasing the maximum height from 48 feet to 60 feet and allowing a density increase above 30 units to the acre. The current project is now 43 units per acre and previously it was 51.10 du/ac. The City Commission considered this at their first hearing and they took testimony from the public. The developer has revised his plan to accommodate some of those concerns and the applicant has submitted a revised proposal that now reduces the total number of residential units from 442 dwelling units to 372 dwelling units which is a reduction of 70 dwelling units. Mr. Dorling stated the residential mix consists of 38 efficiency units; 141 one -bedroom units; 180 two-bedroom units and 13 three-bedroom units. There is also a net reduction in total number of required parking spaces from 1,092 to 1,000 and the proposed surplus parking spaces now have been increased from what was previously a 70 -space surplus to now a 162 - space surplus. He stated what is before the Commission is a conditional use for density and height. Mr. Dorling stated the discussions should be about assuring good design. He stated all housing in downtown is subject to downtown design guidelines that are spelled out in LDR Section 4.4.13. Mr. Dorling stated in the housing element of the Comprehensive Plan it states that one of the most important objectives that the City 14 12/04/12 overall housing policy is to establish housing in the downtown area. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. He stated housing element policy B-2.6 states that "housing in and near the downtown area in close proximity to employment opportunities and service is a critical need." Mr. Dorling stated all of the required findings have been made and this application is consistent. At its meeting of September 13, 2012, the Community Redevelopment Agency reviewed this and recommended approval of both of these conditional use requests; at its meeting of September 10, 2012 the Downtown Development Authority (DDA) considered this at their September 10, 2012 meeting and also recommended approval of both of these requirements. Staff recommends approval of both conditional use requests. Jeff Edwards, applicant, stated they are here to present a number of changes to the plans for Atlantic crossing and they are seeking conditional uses for height and density only. Mr. Edwards stated there are other details to be worked out as part of the site plan review process and they want to demonstrate that they comply with the City Codes availability for granting these two conditional uses and have made meaningful changes to respond to Commissioner and public feedback. Mr. Edwards briefly reviewed the modifications to the plan since their original submission. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use requests, to please step forward at this time. Antilles Unit "C", Delray Beach, FL 33483, stated the new proposal has done nothing but galvanize the resolve of the voting citizens of Delray Beach to fight this bloated project. Mr. Blum stated the builder came back with the exact same footprint and fewer parking spaces. He stated they reduced the number of units, made the remaining units larger, and did not reduce square footage. Mr. Blum urged the Commission to enforce the building codes and only allowing variances in measured degrees when absolutely necessary for the City's improvement. Mr. Blum agrees that this area needs to be developed but because of greed and lack of sound leadership it has not been. Gitta Sapiano, 150 N.E. 6th Avenue Unit "Q", Delray Beach, FL 33483, stated they are perpendicular to the project and she has 15 signatures from the 20 units that are for the project. Ms. Sapiano read a brief statement into the record that those 15 people agreed to. Mr. Frankel stated he lives in the development where Ms. Sapiano lives and he did not sign the petition. Mayor McDuffie clarified that no parking was eliminated and there are no variances applied for on this project. 15 12/04/12 Mary Jo Beckman, representing the Raging Granny's of Delray Beach, sang a song into the record about Delray Beach. Cory Cassidy. representing the Palm Trail Homeowners' Association, stated it is the opinion of the HOA that the project is still too big for the location and requested that this project not be approved under the current application. Ms. Cassidy stated this project is too massive in density, height, and footprint for this site in which it will be built. She stated Palm Trail Homeowners' Association requests that the proposed residential unit per acre of 43 needs to be reduced to comply with the current standard of 30 du/ac and parking spaces need to revert back to at least 1,092 in spite of the reduction, the number of units, and the implementation of Delray's code. Eric Schifferli, 321 Palm Trail, Delray Beach, FL 33483, developer who has developed large mixed-use developments, expressed concerns that the project is too big and it is a difficult project for Delray. Mr. Schifferli stated Delray has done a good job with breaking the projects up rather than doing a massive project and asked if that can be accommodated with this. He stated with regard to the willingness to close 7t` Avenue he spoke in terms of neighborhood compatibility and thanked the staff and the developer for working with the neighborhood. Mr. Schifferli stated he is hopeful this can serve as a template for how the City can simultaneously work on maintaining a viable downtown but also protecting and enhancing nearby historic neighborhoods and making both more pedestrian and bike friendly. He thanked the Commission for their efforts on behalf of the citizens of Delray. Bill Plum, Delray Beach resident for 52 years, stated he has a deep passion for the wonderful quality of life his family and everyone today enjoy and value so much. Mr. Plum urged the Commission to approve the Atlantic Plaza redevelopment because it can be a key to maintain that Delray Beach is a special place for future generations can be proud to call home. Carolyn Patton, 1020 Tamarind Road, Delray Beach, FL 33483 (owns 65 Palm Square and the lot next to that and currently serves as the President of the Palm Square Marine Way Homeowners' Association), stated Delray became what it is today because of the hard work and collaborative efforts of its elected officials and residents. Ms. Patton stated there were many Charettes and community meetings to form the Master and Comprehensive Plans and to update them. Ms. Patton stated she was present for those meetings and language was put into those plans to protect the neighborhoods. She stated developers did not lessen the mass of this project but instead they moved around some interior walls and noted this project is not compatible with the historic downtown and surrounding single family neighborhoods. Ms. Patton urged the Commission to ask the developers to go back to the table with community leaders and reduce the mass and scale of this development. Ms. Patton asked the Commission to either deny the conditional use or grant a continuance. She urged the Commission to not ignore the vision for the City, Comp and Master Plans developed by citizens and elected officials and not relinquish that vision to developers. 16 12/04/12 Peter Umanik, N.E. 5"i Street, Delray Beach, FL, stated this project is of such consequence and suggested that it be postponed until after the March election. Rita Rona, lives at Barr Terrace, urged the Commission to postpone the vote, urged the Commission to postpone the vote for tonight. Ms. Rona asked if there was any investigation to the effects of underground parking on this city and stated the underground parking is going to be built very close to a water line. She expressed concern over what would happen to the parking area if there was a hurricane and the cost to the City has there been enough informed decision for the Commission to make a vote this evening. Secondly, Ms. Rona stated she supports this project but does not support the number of rental properties. She urged the Commission that before making a decision to get more information to protect this city. Jessica Linehan, Brookfield Builders, owns two properties within the immediate area and stated she has been building in the South Florida area since the early 70's and have built houses in Delray Beach back then and through the years. She stated Delray Beach more than any of the other cities was always the strictest, conservative, and had a strict Master Plan. Joann Peart. 107 N.W. 9 t Street, Delray Beach, FL 33444, thanked the Commission for the support of the time capsule and for all their efforts in preservation. Ms. Peart stated what attracts people to Delray Beach is that small town feeling. She read a brief statement into the record from the Historic Preservation Trust. She stated across the street is the Marina Historic District which is ready to go on the National Register; the Colony Hotel to the west is already on National Register, and Palm Trail is an old neighborhood with several historic structures on N.E. 7th Avenue. Ms. Peart urged the Commission to take special care to continue the preservation efforts and make sure this project fits in well with the historic downtown. Judy Craig. 305 N.E. 7th Avenue, Delray Beach, FL 33483 (property owner since 1986), stated it is the massive buildings that residents are concerned with and that was not addressed. Ms. Craig stated years ago the City placed a moratorium on height and density after many hours of planning with citizen input. She stated there is far too much opposition for this to be passed forward by the Commission in the current atmosphere. Ms. Craig suggested waiting on voting on this project until a better more site appropriate plan emerges. Mary Renault, President of the Beach Property Owners' Association and spealdng on their behalf, stated this project is approximately 9 acres and the BPOA believes that an attractive and well-designed project is essential to this major part of the downtown and welcomes the development of a project that is sensitive to the architectural character of Delray Beach in terms of scale, proportion, and expression. However, Ms. Renault stated the BPOA is concerned over the higher density of residential units and suggested that the developer soften up the southeast corner of the design. Ms. Renault urged the Commission to postpone making a decision on this project. 17 12/04/12 Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, thanked the City Manager for. everything that he has done. Ms. Morrison stated this intersection is a cornerstone of our downtown. She stated 43 units per acre in and of itself is not. a big variance but when you add into that the fact that there is 52,000 feet of retail; 29,000 feet of restaurant; 79,000 feet of office and that is put on all the same site with the higher density residential it makes for a very tight site. Ms. Morrison stated the property ground is 377,000 square feet and the development proposed is 565,000 square feet and of that there are 1,100 parking spaces for 565,000 square feet. She stated that is roughly equivalent to what she was allowed to do for flex space at Park Ten where there is one person per 2,000 square feet in their warehouses. Ms. Morrison stated people will not want to live where they cannot park conveniently or shop if they have to drive around and around looking for a parking space. Tony Newbold, 401 West Atlantic Avenue, Delray Beach, FL 33444, stated he recognizes that this project is new and big but this is revitalization of a piece of property which has tremendous potential in being underutilized at this time. Mr. Newbold urged the Commission to support staffs recommendation and approve this project. Jim Roma, 60 N.E. 2nd Street, Delray Beach, FL 33444 (Delray resident since 1983 and real estate agent with Remax), urged the Commission to took at the vision that was given to us by our fore founders that sat here less than 15 years ago and honor that vision that they set forth to recognize the citizens of Delray Beach. He stated he has seen other developments come through and be proposed that never got built because they were set as purchase only. Mr. Roma stated when you take a rental aspect into a development like this it allows the developer larger access to do his development with financing boundaries. He urged the Commission to postpone this until after the March election and ask the developer if he can do this without the rental apartments. Bob Ganser. 1443 North Ocean Boulevard. Delrav Beach. FL 33483. suggested postponing this until the developer gets this project right. Mr. Ganger stated the developer wants to have workshops with Iocal architects who know this market to help them think through the changes that they can make. He suggested that the Commission have the Charettes/workshops with the developer before they make this decision not after. Kristine DeHaseth, 235 N.E. 6t" Avenue, Delray Beach, FL 33483, requested that the decision for the conditional use be continued because she feels there has been inadequate amount of time that the staff, Commission, and public have been given to review the revised plans. Secondly, Ms. DeHaseth stated another reason for continuance is the lack of independent studies traffic, parking, etc. that would support the developer's questionable findings that this large scale project would not disrupt surrounding areas. Ms. DeHaseth stated another reason for continuance is the lack of a 3- D scale model to help staff, the Commission, and the public help visualize the mass of this project. She requested that a continuance be due to the fact that the developer's submission is incomplete and the revisions were rushed. Ms. DeHaseth urged the Commission to take their time and ensure the new Atlantic Plaza II will be a development 18 12/04/12 that will serve everyone for generations to come. Cary Glickstein,1118 Waterway Lane, Delray Beach, FL 33483, stated the last minute changes on a project of this magnitude without serious communication with or input from the impacted neighborhoods sends the wrong message. Lanie Lewis, 1098 Hibiscus Lane, Delray Beach, FL 33444 (President of the Lake Ida Homeowners' Association and resident for 38 years), urged the Commission to postpone this item and requested that Mayor McDuffie recuse himself from this dais on his vote. Ms. Lewis stated this is a high conflict of interest and urged him to not set up the City or himself for an Ethics Commission review. Chris Brown, 218 N.W. Ste Street, Delray Beach, FL 33444, supports the project and stated this is the right project because it will bring more people living downtown support a very active retail and gives an opportunity to have different retail for the first time. Gary Goldfarb, owns 502-506 East Atlantic Avenue, Delrav Beach, FL 33483, supports this project. Marie Gardella, 329 N.E. 76 Avenue, Delray Beach, FL 33483, expressed concern over the traffic and stated the traffic is terrible now. She urged the Commission to block off 7th Avenue and rethink the density. Ms. Gardella stated the gridlock in this city is bad enough now in season. James Ouillien, Osceola Park, stated downtown is further west between Swinton Avenue and the railroad tracks and this area where the project is being proposed to be built is the entrance to the downtown from the east or the entrance to the beach. He stated the density should not be this high and expressed concern over the height being too high. Mr. Quillien stated there are some things he likes about the project; however they still have- not addressed everything. He expressed concern over the urgency of this project and stated in the long run the City may snake a lot more if they make sure the property is developed properly. Claudia Willis, 160 Marine Way, Delray Beach, FL 33483, stated everyone is for a project there but they are not in agreement on which project. Ms. Willis read a brief statement into the record and quoted statements from the Comprehensive Plan. Ms. Willis urged the Commission to require the project to lower the density to scale back the number of rental versus owner occupied, and abolish this two and three bedroom. Ralph Brooks, Attorney representing individual Property owners who live adiacent or nearby this prosect, stated although they have made significant progress with this project they still believe it is inconsistent with the Comprehensive and the Downtown Master Plan. Mr. Brooks stated although the number of units has been reduced the density, the size and mass, the scale of the structure itself has not been 19 12/04/12 reduced in size. He stated this project mass includes six buildings totaling roughly 7 million cubic feet. He urged the Commission to continue this item and send it back to the drawing board. Mr. Brooks stated if the project is not continued they have to file complaint for inconsistency with the Comprehensive Plan under Florida Statutes 163.3215 within 30 days of the Commission's decision. John Papaloizos, 50 East Road #8H, Delray Beach, FL 33483, thanked the Commission for considering all the voices they have heard this evening. He stated they requested a meeting over 14 days ago and sent a letter to Mr. Covelli. Mr. Papaloizos stated and they met with Don and really appreciate it. Mr. Papaloizos stated they want to make sure the community is involved in this process and that they can come to some common ground. He stated he is encouraged but is afraid if the Commission votes on this tonight things are going to get ugly. Mr. Papaloizos also thanked the people in the room for creating a website: savedelraybeach.com and for all the. support. 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 Delray Beach and Member of the Alliance), briefly spoke regarding the project and stated he does not have faith in the Commission for disapproving it. Margie Johnson, 46 Marine Way, Delray Beach, FL 33483, stated she does not believe we need new Commissioners or a new Mayor to figure out that a reduction of 70 units is making this less dense, less massive, and less ugly. Ms. Johnson stated this is too big of a project for this area and stated the developer is talking about shared parking assessments and going for traffic control after the project is approved and stated this is something to do before they get approved. She urged the Commission to do the right thing. Clair Johnson, 46 Marine Way, Delray Beach, FL 33483 (lives %Z block away from the proposed proiect), stated this project is too big and is too much mass. Mr. Johnson urged the Commission to not approve the conditional use for the height and density. Reginald Cox, 715 MLK Drive (N.W. 2nd St.) Delray Beach, FL 33444 (speaking on behalf of the Chairman of the West Atlantic Redevelopment Coalition), stated some of the concerns that he has heard tonight mirrors the concern we have in the West Atlantic area in regards to inclusiveness as far as being part of the process, as part of railroading a project through. Mr. Cox stated in his opinion he feels there is a connection with regarding pushing something through as like the City Manager process. He stated downtown is defined as from I-95 to the beach in the LDRs. Mr. Cox encouraged the residents of this community to ban together to take this community back. Mr. Cox agrees with Dr. Kirson's comments about the need to rush this project through. He urged everyone to vote in the March 2013 election. 20 12/04/12 Vin Nolan, Economic Development Director for the Community Redevelopment Agency (CRA), stated this is an important project and important place in the city. He stated the developer reduced the overall density of the project and they earlier reduced the height of the project and agreed to lead certification neighborhood standards. Mr. Nolan stated the developer has down scaled the project, increased contributions to transportation, and other things that will make it a meaningful project. There being no one else from the public wishing to speak on this item, the public hearing was closed. Mr. Dorling had no rebuttal. Jeff Edwards, applicant, stated they have met the Master Plan and met all the requirements. Mr. Edwards introduced an affidavit that expounds on all of the things they have done thus far to make this project acceptable and to react to community support. Mrs. Gray stated the Commission asked the applicant to, reduce some of the units at the last meeting and he has done that. Mrs. Gray asked if there is room for Mr. Edwards to reduce some of those units to a lesser density specifically the studio and one -bedrooms. Mr. Edwards stated if it provided an avenue for them to move forward and not cut off dialogue with the community but continue to work with the community as they move forward then there might be a little bit more they can do on that. Mrs. Gray expressed concern over the traffic on 7t' Avenue and inquired about the green space. She stated if you make a one-way going north on Federal Highway coming to 1" and going through 7th Avenue would that help reduce some of the traffic going into N.E. 7th. Mr. Edwards stated they would be amenable to looking at anything that would solve traffic concerns. Mr. Edwards stated they would work on the traffic calming devices south on 7th Mrs. Gray commented about the green space around the circle area and asked the applicant to explain how large it is. Mr. Edwards provided an explanation in further detail about the green space. Brief discussion followed between Commissioner Gray and Mr. Edwards regarding the Class "A" office spaces. Mr. Edwards stated two buildings both have the second and third floors as office. Mrs. Gray stated with regard to the Charette she asked that local architects be added to the meeting. Mr. Frankel thanked everyone for coming out this evening. However, Mr. Frankel stated there were a few people this evening that made some serious accusations and the comments disgust him. He stated there are two issues with this project; height and density. Mr. Frankel stated a lot of the comments were very similar to what he heard last time and he sees major changes. He stated we are no longer a seasonal town and traffic is backed up with more and more traffic every day. Mr. Frankel stated there have been a lot of requests to postpone this until after the election and feels this is cowardly. Mr. Frankel stated the attorney hired by the many neighbors stated `there has been significant progress." Mr. Frankel stated they started at 51 units per acre and are down to 43 units per acre and asked if the applicant can get this reduced to 40 units per acre he would feel more comfortable with that. 21 12/04/12 Mr. Jacquet thanked Mr. Edwards for his willingness to work with the community. Mr. Jacquet stated the Commission wants the City to feel proud of what they decide to do and they want the developer to be happy that he too can be proud of too. Mr. Jacquet stated Mr. Edwards stated he could do a little more with the density and if this is possible Mr. Jacquet would love to see that. He asked Mr. Edwards to continue to work with the neighbors because he believes that Delray is about. everyone coming to the table, we hash it out, and come up with a product everyone can be proud of. Mr. Carney thanked Mr. Edwards for all the time and effort he has spent on this project. Mr. Carney stated a lot of work has gone into this, a lot of emotions back and forth, and good points brought up by all sides. He stated the applicant has made significant movement from when he first came in. However, Mr. Carney stated it is still too much project for the site. Mayor McDuffie stated he has been in Delray Beach since 1946 and when he got out of college he got a job with a multi -national corporation so that he could hop on airplanes and fly around because a lot of people left this community and most of his classmates left this community because there was nothing here to do. He stated there are no high paying jobs to speak of in the City of Delray Beach. Mayor McDuffie stated we have been looking to find ways to bring businesses into this community who can pay people the kind of money that they need to be able to use to buy the homes that people put out to sell. Mayor McDuffie stated it has been proven over the years that either you grow or you die. He stated this city was a rural place that supported by farming and no high paying jobs except for the attorneys and the doctors. The City went through a declining period and many people referred to Delray Beach as "Dull ray" Beach. Mayor McDuffre stated in the 1980's combined efforts of responsible people in the City that said we need to do something about this began to come together and the City changed a great deal. He stated we now have what is now recognized as one of the most viable vibrant cities in South Florida and possible in the United States of America. However, Mayor McDuffie stated we do a great job of providing jobs for waiters and the service industries. He stated the City has had to turn large law firms down who have come to the community wanting to move their firm here but there is no Class "A" office space. Mayor McDuffie stated this project brings 80,000 feet of Class "A" office- space and fills a void that we have in this community. Mayor McDuffie stated we need vibrant young people in this community and we need them to be able to have a place to live, work, and play. After brief discussion, the developer is amending his application to reduce that to 40 units per acre. The City Attorney stated Commissioner Gray mentioned that the Commission wanted condition #14 added on the closure of N.E. 7t' Avenue if there is a consensus from the rest of the Commission. The City Attorney suggested that there a condition on the closure of N.E. 7fl' Avenue at N.E. 1St Street paid by the developer in full and in accordance with the City's LDRs and as determine by the City Engineer and as depicted on the slide show in general dimensions as shown by the developer at the December 4, 2012 meeting. 22 12/04/12 Mr. Carney stated if the City is going to be looking at this that some discussion be held with what is going on south of Atlantic Avenue because regardless of what project is going to be approved there, the Marina District is going to incur a significant increase in traffic so that some consideration should be given to have some closure further down that road with "no thru" traffic. Mr. Jacquet asked if this is something that has been discussed with the Marina District residents and something they asked for. Mr. Edwards stated it was not a closure that was discussed but it was more like traffic calming in support of "resident only parking". The City Attorney stated with regard to the "resident only parking" is something the City would have to do and as far as traffic calming that is something the City would do. The City Attorney stated the only thing the City could do is request funding from the developer for the traffic calming. The City Attorney stated condition 415 is that the developer would fund traffic calming which could result in a possible cul- de-sac on Palm Square in accordance with the City's LDRs and at the direction of the City Engineer. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — No; Mr. Jacquet — No. Said motion passed with a 3 to 2 vote, Commissioner Jacquet and Commissioner Carney dissenting. At this point, the time being 10:07 p.m., the Commission took a ten minute break. At this point, the break ended at 10:20 p.m., and the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 42-12: Consider a privately initiated Future Land Use Map (FLUM) amendment (small-scale) from MD (Medium Density Residential 5- 12du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from RM (Medium Density Residential) to R -1-A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road. If passed, a public hearing will be held on January 3, 2012. The caption of Ordinance No. 42-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 23 12/04/12 office.) ADOPTING A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT'', FLORIDA STATUTES SECTION 163.3187, FOR PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF BERMUDA GARDENS ROAD, LYING WEST OF STATE ROAD A -1-A, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO R -1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 201211; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a privately initiated small-scale Comprehensive Plan amendment and rezoning for the Bermuda Gardens neighborhood. Mr. Dorling stated the change is from the Future Land Use Map current designation of MD (Medium Density Residential 6-12 du/ac) to LD (Low Density Residential 0-5 du/ac) and an associated rezoning from RM (Medium Density Residential — Medium Density) to R -1-A (Single Family Residential). He stated the neighborhood consists of 8 single family lots; one house occupies two lots and the others are developed with single family homes. Mr. Dorling stated this request comes from a prior development proposal that was approved September 28, 2005 and it was a Class V to construct three townhouse units at the northwest corner. He stated since the zoning was RM and the land use was medium density that was allowed that project was not constructed. Mr. Dorling stated now after the single family home was built on that lot the neighborhood has agreed to get together and privately initiate a change that would not let that situation happen in the future. He stated it is surrounded by RM and this is a single family street that would go to low density in the land use and what is zoned RM would go to R -1-A. At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing and there were no concerns raised. The Board recommended approval with a 5 to 0 vote. Staff recommends approval at this time. 24 12/04/12 Mr. Carney moved to approve Ordinance No. 42-12 on FIRST Reading, seconded by Mr. Frankel. 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. At this point, the time being 10:24 p.m., the Commission moved to Item IO.C. of the Regular Agenda. 1O.C. POLICY ON NAMING OF PUBLIC FACILITIES: Consider establishing a policy and procedure to govern the honorary naming of public facilities. Lula Butler, Director of Community Improvement, stated this item is to establish a policy and procedures to govern the honorary naming of public places. Mrs. Butler stated the policy is intended to add meaning, significance and uniformity to the honorary name of public facility to minimize conflict and to provide a forum for meaningful discussion regarding naming. She stated for purposes of this policy, a public facility means any building, facility, park lands, or the public spaces owned or under the City's control, including interior component spaces integral to the whole. Mrs. Butler stated the policy does not govern the naming of streets per the direction of the Commission which adopted a policy on January 25, 1994 that states "It is the policy of the City Commission of the City of Delray Beach, Florida not to entertain request for the changing of street names in order to recognize or honor individuals." Mrs. Butler stated she has provided the Commission with some definitions of individuals' honorary rights and properties. She stated staff is asking that any citizen group or individual Commissioner or individual can submit a request for a naming right but they would have to provide the City with documentation on the character of the person that they would want it named after. Mrs. Butler stated the City would establish a Naming Rights Committee and they would also include representatives from the City departments. She stated it would be made up of C16'Departn ent Heads in addition to representation from the advisory groups or friWds.of recognized support groups interested in: the property. Mrs. Gray thanked Mrs. Butler for working on this policy and she is please with it. Mr. Jacquet thanked Mrs. Butler for her work on this policy. Mr. Jacquet asked if we need a Naming Committee. Mrs. Butler stated it is up to the City Manager and it does not have to be Department Heads but it could be a designee from the department. Mr. Jacquet requested that the component of dual street names be added. Mrs. Butler stated she would have to research and come up with the proper language and bring it back to the Commission. Mayor McDuffie stated there are also emergency 911 issues. 25 12/04/12 The City Manager suggested that the Commission vote on this process if they see fit to approve it and then staff can amend it later to address the dual naming of streets so that there is something in place for all other types of facilities. Mrs. Gray moved to approve the policy on naming of public facilities 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. 10.D. FILLING UNEXPIRED TERM FOR SEAT #5: Provide direction regarding the process for filling the unexpired term for Seat #5, currently held by Commissioner Thomas F. Carney, Jr. Mr. Carney asked if this is the procedure we had last time. The City Manager asked the Commission to let staff know what kind of schedule they would like to follow but this is what staff did the last time around. Mr. Jacquet expressed concern over bringing someone on for sixty (60) days and they step off and then there is an election. He stated having someone who can serve the community but with no interest in running this way there is a free clear and fair election in March. Mr. Jacquet asked when the notice will go out that the City is taking applications. The City Manager stated it would be immediately. The City Clerk stated soon after this is advertised the City will receive applications within approximately 3-7 days. The City Clerk stated staff normally does a Press Release and advertises in the newspaper. After brief discussion, it was the consensus of the Commission to accept all applications for filling the unexpired term for Seat #1 by Monday, December 17, 2012 and have the interviews during the week of December 17-21, 2012 with the appointment to be made at the regular meeting of January 3, 2012. 10.E. PROVIDE DIRECTION REGARDING THE NOISE ORDINANCE: Provide direction to staff regarding possible changes to the recently adopted noise ordinance. The City Attorney stated there were several iterations of the noise ordinance that staff brought forward that the Commission adopted. He stated staff received a Court decision that stated that the current noise ordinance is unconstitutional and we need to come up with another one. The City Attorney stated staff looked at one that had recently withstood judicial scrutiny that was from Miami Beach and staff tried to copy most of that ordinance. Mayor McDuffie stated it would appear that practically what the City is requiring is almost undoable. 26 12/04/12 For the record, Mr. Frankel stated the Wednesday before Thanksgiving he received an email from Mr. Burt Rappaport regarding his surprise about the ordinance and he was not in favor and he also received emails from his attorney. Furthermore, Mr. Frankel stated he had several conversations with Perry DonFrancisco representing Ocean Properties and Sand Bar regarding this. Mr. Frankel stated Officer Van Ness and other members of Clean and Safe provided notice to these establishments as well as Park Tavern and other places and they did not know about the public hearings. Anthony Strianese, Police Chief, stated a lot of this started when the decision was made that they would begin the education and enforcement was going to take place over the Thanksgiving weekend and that is what prompted the emails. Chief Strianese stated in doing the research staff has found that this is probably not going to be an ordinance that the Police Department can enforce. He stated when you start overlaying the maps of the establishments and the 100 feet measures, it is very difficult to enforce and then it is aggravated by some places having waivers and that noise transferring over to the others. Chief Strianese stated moving forward staff has an opportunity to bring an expert in and suggested holding a Workshop meeting with Mr. Jim Peters (consultant) involving a lot of the establishments, law enforcement, as well as Code Enforcement and come back with a more modified ordinance for Commission's review. He stated it would be very difficult to enforce the ordinance as it stands and it is very subjective. Mr. Frankel concurs with Chief Strianese that he likes the ordinance as it is not be enforced until these meetings occur especially with the stakeholders because they have informed him they have had no notice. Mr. Frankel stated they heard from the opposite side and did not hear from the restaurant owners and the many people who contribute to Delray and Atlantic Avenue success. Mayor McDuffie stated he does not support restricting the stakeholders to 50 feet. He concurred with Chief Strianese to hold a Workshop with some of the stakeholders from the community and work this out to everyone's satisfaction. Mr. Carney stated he agrees that the ordinance needs to be relooked at with all parties to see what would be acceptable. The City Attorney asked for clarification regarding the direction for the noise ordinance. The City Attorney asked if the Commission does not want to enforce the distance requirements that are currently on the ordinance but that the City would still enforce the unreasonable standard. It was noted that the Workshop meeting to discuss this matter further will be held on December 17, 2012 with some of the stakeholders from the community. 1.0Y. PAY INCREASE FOR CIVIL SERVICE EMPLOYEES: Consider approving a pay increase for Civil Service employees. 27 12/04/12 The City Manager stated Civil Service employees have had their pay frozen for four years and this year would be a fifth year if nothing were done. He stated because of collective bargaining agreements already in place the City's bargaining unit employees continue to get pay increases for an additional two years. The City Manager stated the bargaining unit employees have received those pay increases while the civil service only received 1%. The City Manager stated the City finished fiscal year 2011 with a $3 million surplus and recommends that we take approximately $340,000 from that surplus and give the non -bargaining employees a 3% pay increase if they are on the payroll prior to October 1, 2011 and 1% for employees hired between October 1, 2011 and October 1, 2012 will receive 1%. After brief discussion, it was the consensus of the Commission that they fully support a pay increase for non -bargaining unit employees (Civil Service). Mr. Jacquet moved to approve the pay increase for non -bargaining unit employees (Civil Service), 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.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term plus a three (3) year term ending January 14, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2). Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of January 3, 2013. 10.H. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint two (2) student members to the Police Advisory Board to serve unexpired terms ending July 31, 2013 and July 31, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray stated she would like to defer her appointment to the next regular meeting of January 3, 2013. Mayor McDuffie moved to appoint Paola Pineros a student member to the Police Advisory Board to serve an unexpired term ending July 31, 2014. Mr. Frankel so moved, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS. 13.A. City Manager The City Manager commented about the selection process for a new City Manager and stated a leader that he has a great deal of respect for said that when it comes 28 12/04/12 to choosing employees there are three things that you should consider: (1) confidence, (2) character, and (3) chemistry. 13.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 reminded the City Manager about the City Election signs and stated we need to advise the public that there is a municipal election on March 12, 2013. Secondly, Mr. Jacquet stated Ms. Moody commented about a bus going out west on Atlantic Avenue on Sundays and this would be a problem for those who do not have transportation to have no way of getting out west. He urged staff to look into this issue. Lastly, Mr. Jacquet stated Mary Jo Beckman spoke earlier about a gas leak, etc. and asked the City Manager to look into this. 13.C.2. Mr. Carney Mr. Carney stated the Palm Beach County Sports Commission named Chris Bean Coach of the Year and American Heritage won High School Football Program of the Year. Secondly, Mr. Carney stated there are some issues in the northern part of the beach and suggested that staff see what the City can do as it relates to the Beach Reformation Program for not only the people who live on the beach but for everyone who. will visit the beach this winter. Mr. Dorling stated he will contact the contractors and suggested that maybe they can talk to the Commission at the next meeting as it relates to -the current project. Mr. Dorling stated he has suggested that we pursue that as a separate item because he is afraid that if we expand the current project that it will put that off and we will not get that done. 13.C.3. Mrs. Grav Mrs. Gray requested a monthly report from the Economic Development Director. Secondly, she asked if the Commission would consider having an Economic Development Task Force. Mrs. Gray stated economic development is so 29 12/04/12 important in Delray Beach and we have the Corridor coming up on Congress Avenue and other developments that the Commission needs to take a more active role in this. Mrs. Gray commented about Mr. Jacquet's statement earlier and stated the Commission has the right to change their minds and opinions. Mrs. Gray noted that she was not addressing that but she felt that Mr. Jacquet's statement was a personal attack. Lastly, Mrs. Gray stated she had a wonderful time at the National League of Cities trip in Boston. 13.C.4. Mr. Frankel Mr. Frankel stated the with regard to the City Manager's selection for Thursday there is a very good chance that he will be called up for trial on a case for Thursday at 9:00 a.m. so he does not know when he will be here. Secondly, Mr. Frankel stated he promised Mr. Bennett he would discuss his position on Election signs but Commissioner Jacquet has already done so. Lastly, Mr. Frankel stated he looks forward to seeing everyone at the 3`d Year of the Menorah Lighting at Old School Square. 13.C.5. Mayor McDuffie Mayor McDuffie stated this was a good night for Delray Beach. There being no further business, Mayor McDuffie declared the meeting adjourned at 11:04 p.m. ATTEST: b I MAYOR City Clerk 30 12/04/12 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 December 4, 2012, which Minutes were formally approved and adopted by the City Commission on January 3, 2013. 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. 31 12/04/12 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE CARNEY, JR., THOMAS F. Delray Beach City Commission MAI LINO ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 135 S.E. 5th Avenue, Suite 202 WHICH I SERVE ISAUNIT OF: MCITY ❑COUNTY QOTHERLOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Delray Beach Palm Beach City of Delray Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: 121412012 El ELECTIVE © APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the'reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S_, and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity., For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by Completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes_ APPOINTED OFFICERS. Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decisien, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) ITEM 10.A. �_ . APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Thomas F. Carney, Jr. , hereby disclose that on December 4 20 12 (a) A measure came or will come before my agency which (check one) inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, — inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of _ _ which is the parent organization or subsidiary of a principal which has retained me_ (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: IA`5lny0,s ooCa ✓r�,�c�. L r25i�5�ne� � Date File[ Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, j REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF, 112000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA II ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the building height to a maximum of 60 feet and to increase the residential density of the project to 40 dwelling units per acre for the Atlantic Plaza II development has come before the City Commission on December 4, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Atlantic Plaza II development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and TT. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A-1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes ✓ No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which 1 the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes ✓ No c. Concurrenc Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No d. Consistency Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes ✓ No 2 II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Re iced Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2 .4.5 (E) (5) be met? Yes ✓ No b. Increase in Height. Pursuant to LDR Section 4.3.4(J) (4)(b)(i)(9), an increase to a maximum height of 60' may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD (Central Business District), except for that portion within 150' of any zoning district which has a maximum height limit of 35', measured from the property line of the CBD zoned property. The City Commission may approve an increase in height to a maximum height of 60' based upon a finding of compliance with each of the enumerated criteria listed below: (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in height is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in height is only for the added residential use area. 3 (iii)Workforce housing units, equal to at least twenty percent (200) of the residential units on the top floor, shall be provided within the development onsite, offsite, or through monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. (iv) That the increase in height shall be allowed if two or more of subsections. 4.3.4(J) (iv) (1) , (2) or (3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback .lines which would be established for a 48 -foot tall structure. The additional setback is required from all setback liens (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district; (2) That a minimum of 500 of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards, plazas, and landscape setbacks, be provided in order to add interest and provide relief from the building mass. Are these requirements met? Yes ✓ No C. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD, provided that 200 of the residential units above 30 dwelling M units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable. performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (h) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 250 of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise roams, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. 5 (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 13t Street or SE 1St Street contain nonresidential uses on the ground floor. At least 73% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes ✓ No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record C.1 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. 6. Based on the entire record before it, the City Commission approves ✓ denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 4th day of December, 2012, b a vote of 3 in favor of approval and 2 opposed. ATTEST: Chevelle Nubin City Clerk 7 VVWTMTM n TO THE CONDITIONAL USE MODIFICATION REQUEST FOR ATLANTIC PLAZA II 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan. 2. That any potential conflicts at the circular driveway as it relates to multiple functions be addressed during the site plan review process. 3. That the applicant contributes the cost of a shuttle bus to the City and details of a shuttle stop in the development be finalized during the site approval process. 4. That modification to NE 7th Avenue and NE 1St Street (including potentially restricting NE 7" Avenue to southbound only at NE lst Street) and or funding of a traffic signal at NE 6th Avenue and NE lst Street is considered during site plan approval to reduce concerns over encroachment into the neighborhoods from this site. 5. That a written finding of concurrency approval from the School District be submitted. 6. That provision of the bus shelter and easement is addressed during the site plan review process. 7. That a minimum of two additional bicycle racks be provided along Federal Highway and two along Atlantic Avenue. 8. That the provision of workforce housing units be addressed per an agreement to be approved by the Community Improvement Director and executed prior to certification of the site plan. 9. That a minimum of 750 of the surface area of the front street walls along Atlantic Avenue at the ground floor area of buildings I and II are devoted to display windows and to entrances. 10. That a dedication of 7 feet be provided for Atlantic Avenue east of NE 7th Avenue. 11. That at least one building achieves the designation as "LEED for Neighborhood Development (certified)." 12. That revised floor plans are submitted that reflect the revised residential unit count. 13. That a final finding of concurrency be conducted as part of the site plan process to address the current revision. 14. Applicant shall pay for the closure of N.E. 7tn Avenue at N.E. 1St Street as per the design on the overhead slide presented at the meeting of December 4, 2012 and with direction from the City Engineer and in accordance with the City's LDRs. Applicant shall pay all costs incurred by the City associated with the closure. 15. Applicant shall pay all costs for traffic calming on Palm Square, which may include a cul-de-sac, beginning at the intersection with Atlantic Avenue and south to S.E. 2nd Street in accordance with the City's LDRs and as determined by the City Engineer.