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03-05-13 Regular Meeting MinutesMARCH 5, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Thomas F. Carney, Jr. in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 5, 2013. 1. Roll call showed: Present- Commissioner Christina Morrison Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Thomas F. Carney, Jr. Absent - None Also present were - Douglas E. Smith, Interim City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Howard Barr with St. Paul Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Carney requested that Item S.B., Service Authorization No. 07- 17.3/Mathews Consulting, Inc./Reclaimed Water Area, of the Consent Agenda be moved to the Regular Agenda as Item 10.A.A. 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 Carney — Yes; Ms. Morrison — 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 February 5, 2013, seconded by Mr. Frankel.. Upon roll call the Commission voted as follows: Mr. Frankel --- Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 03/05/13 6. PROCLAMATIONS: 6.A. None 6.A. Recognizing and commending Xi Pi Omega Chapter of Alpha Kappa Alpha Sorority, Inc., for dedicated service to the City of Delray Beach Mayor Carney read and presented a proclamation hereby recognizing and commending XI PI OMEGA Chapter of Alpha Kappa Alpha Sorority, Inc. for 30 years of success Sandra Weatherspoon, Vice President of XI PI OMEGA Chapter of Alpha Kappa Alpha Sorority, Inc. came forward to accept the proclamation. 7.A. PRESENTATIONS: /s10001►1"M S. CONSENT AGENDA: City Manager Recommends Approval. S.A. ACCEPTANCE OF A WATER EASEMENT DEED/ HARBOR PLAZA FRESH MARKET: Approve and accept a water easement deed for a water main at Harbor Plaza Fresh Market located at 1725 South Federal Highway. 8.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 8.C. REVISED TRIPARTITE AND INTERLOCAL AGREEMENT: CITY OF DELRAY BEACH/ SCHOOL BOARD OF PALM BEACH COUNTY/ ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES LACCF): Approve a revised Tripartite and Interlocal Agreement between the City of Delray Beach, the School. Board of Palm Beach County and Achievement Centers for Children and Families (ACCF) to provide for the funding and operation of a pilot summer camp program with reading enhancements to help further third grade reading proficiency through the campaign for grade level reading. 8.D. REVISIONS TO THE RULES AND REGULATIONS: HISTORIC PRESERVATION BOARD: Approve revisions to the Rules and Regulations of the Historic Preservation Board (HPB). S.E. REVISIONS TO THE GENERAL RULES OF PROCEDURE: CODE ENFORCEMENT BOARD: Approve revisions made by the Code Enforcement Board to their General Rules of Procedure. S.F. MODIFICATIONS TO THE COMMISSION RULES OF PROCEDURE: Approve modifications to the Commission Rules of Procedure to provide that the public may comment on any item, agendaed or non - agendaed, and such comment shall begin after the "Proclamation and Presentation" portion of the agenda. 2 03/05/13 B.G. VISION 2020 FORUM: Approve a budget allocation at an estimated amount of $10,800.00 to fund the Vision 2020 Forum, a one -day event scheduled for March 23, 2013, from 8:00 a.m. to 4:00 p.m. at the Delray Beach Marriott hotel. Funding is available from 001 -1111 -511 -48.10 (General Fund: Promotional Activities/ Special Events). S.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 18, 2013 through March 1, 2013. S.I. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Line -Tee, Inc. in an amount not to exceed $62,000.00 for services relating to flushing fire hydrants. Funding is available from 441 - 5123 -536 -34.90 (Water and Sewer Fund: Other Contractual Services) and 442 -5178- 536 -46.26 (Water and Sewer Renewal & RepIacement Fund: Repair & Maintenance Service /Hydrant Flushing Contract FY2013). 2. Purchase award to Sentry Industries in the amount of $170,000.00 for the purchase and delivery of Sodium Hypochlorite on an "as needed" basis for remote booster station locations. Funding is available from 441 -5122- 536.52 -21 (Water and Sewer Fund: Operating Supplies /Chemicals). 3. Purchase award to Carbone's Custom Firearms in the amount of $35,997.75 for purchase of weapons for the S.W.A.T. team. Funding is available from 115- 2112 -521 -64.90 (Special Projects Fund: Machinery/Equipment/Other Machinery/ Equipment). 4. Purchase award to Contemporary Control & Communications, Inc. in the amount of $29,901.57 for the purchase of Irrinet -M Irrigation Control Systems for North Federal Highway, South Federal Highway, and North Swinton Avenue. Funding is available from 119 - 4144 -572 -64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 119- 4151- 572 -64.90 (Beautification Trust Fund: Machinery /Equipment/Other Machinery /Equipment). 5. Purchase award to Ag- Tronix in the amount of $20,015.00 for one (1) ICC Computer Irrigation Control System and four (4) Irrinet-M Irrigation Control Systems to monitor the irrigation system for Mangrove Park, the grounds adjacent to the Old School Square Parking Garage, South Swinton, and Cason Cottage. Funding is available from 119 - 4151 -572 -64.90 (Beautification Trust Fund: Machinery/Equipment/Other Machinery/Equipment) and 001- 4131- 572 -64.90 (General Fund: Machinery/Equipment /Other Machinery/ Equipment). 03/05/13 6. Purchase award to CDW Government in the amount of $78,806.56 to replace network switches. Funding is available from 334 -6111- 519 -62.45 (General Construction Fund: Capital Outlay /Data Cabling). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING CONSENT AGENDA. 9.A. City Manager's response to prior public comments and inquiries. Douglas E. Smith, Interim City Manager, had no response to prior comments and inquiries. 9.8. From the Public. 9.B.1. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, commended the City Clerk for the great job she did on doing a municipality public comment survey which helped the Commission make a great decision. Mayor Carney stated Chevelle D. Nubin is one of the most decorated Clerks in the State of Florida with advanced Clerk awards and she has become a Clerk to Clerks in teaching other Clerks how to do their job. Mayor Carney stated the City of Delray Beach is incredibly lucky to have Chevelle. 93.2. Rosetta Rolle, 301 N.W. 3rd Avenue, Delray Beach, FL 33444, stated according to the newspapers Governor Christie is coming to Palm Beach County. Mrs. Rolle stated Delray Beach used to have a pristine beach and years ago was the envy of Sanibel Island. She stated in the 1940's there had been some erosion and believes much of the erosion started in New Jersey and New England where people had built out into the ocean. Mrs. Rolle stated most recently during Hurricane Sandy homes were torn down. Mrs. Rolle suggested that Delray Beach monitor what they are going to be doing in New Jersey, Connecticut, etc. and that they not build out into the ocean again because what they do up there affects us down here. 9.B.3. Pauline Moody, 609 S.W. 8th Avenue Delray Beach FL 33444 commented about the tennis tournament and the security company Accurate Security Services in terms of the valet parking. Ms. Moody alleged that this is all rehab problems and stated she saw people wearing the security company jackets playing around on the golf carts and while driving people's cars. She feels this is a rehab problem and urged the Commission to find another security company for the next tournament the City is hosting 4 03/05/13 on April 20 '. At this point, the time being 6:18 p.m., the Commission moved to Item 10.A.A. (formerly Item S.B.). 10. REGULAR AGENDA: 10.A.A. SERVICE AUTHORIZATION NO. 07- 17.3lMATHEWS CONSULTING, INC./RECLAIMED WATER AREA: Approve Service Authorization No. 07 -17.3 to Mathews Consulting, Inc., in the amount of $64,118.00 for construction administration and specialty inspection services, for the Reclaimed Water, Area 12A. Funding is available from 441 - 5161 -536 -68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). Victor Majtenyi, Interim Director of Public Utilities, stated this project is for Mathews Consulting for management services for the Reclaimed Water Area 12A -1 project. Mr. Majtenyi stated Mathews Consulting, Inc. was selected as the firm under the engineering category because of their 3 -D technology. Mayor Carney stated when they were originally added to the list the Commission thought it would have something to do with the possibility of saving money and not having change orders down the road by taking a 3 -D picture of what it looks like below ground. He asked what happens if these people find something that they could have found with a 3 -1) picture and are they going to be entitled to a change order. Mr. Smith stated the construction drawings are already completed on this; this is moving toward the construction administration stage. Mr. Majtenyi stated for construction administration there are three (3) permits; for FDOT work on Atlantic Avenue; there is the South Florida Water Management because there are drainage issues and there is also Palm Beach County Health Department because of the water maintenance work. He stated if they are going to dig up streets there is going to be drainage, sewer, and water mains in the road. Mr. Majtenyi stated the engineer has to certify the project back to those permits and it makes sense to stay with the engineer of record who has to do that. Mrs. Gray stated the Commission had agreed that on each project that the City uses their 3 -1) services so that we will not have to go back to change orders. For the record, Mrs. Gray clarified that the Commission is not just looking to give a job to someone but the technology is what staff is looking to start using. Mr. Majtenyi noted that topographic surveys have to be done in conjunction with this technology. Mayor Carney stated he wants to make sure that we do not have a situation where there is going to be change orders which could have been avoided had the technology that the Commission has been encouraging the engineering department to use is actually used. Mr. Majtenryi stated he cannot guarantee that there will not be any 03/05/13 change orders because even with the technology it is not 100% full proof Mayor Carney stated he would look very closely at any proposed change order if the technology would have detected it prior to the change order being requested. Mr. Jacquet stated he does not have any major concern and trusts staff that they will find what is best for the city as far as what technology staff can use to make sure we can locate what is below ground. Mr. Jacquet clarified that in Delray Beach we do not create issues for companies to make money; when we have actual issues we go and find the company that can solve it. Mr. Frankel moved to approve Service Authorization No. 07- 17.3 /Mathews Consulting, Inc. Reclaimed Water Area, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 10.A. WAIVER REQUEST /45TH ANNUAL ST. PATRICK'S DAY PARADE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non - Roadway Banner Signing ", to allow banners to exceed 20 square feet on March 15 & 16, 2013 on the perimeter fencing on the south side of the museum on the grounds of the Delray Beach Center for the Arts for the St. Patrick's Day Party and Parade. (Quasi - Judicial Hearing) Mayor Carney read the City of Delray Beach Quasi - Judicial rules into the record for this item and Item 10.B. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item.. Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated this is a request to waive the LDRs to allow banners to exceed 20 square feet on the site of the grounds of Old School Square in the front as well as within the parade area on March 15th & 16t" for the St. Patrick's Day Party and Parade. Staff recommends approval. Mayor Carney stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. Steve Blum, Antilles Homeowners' Association, 115 Venetian Drive Unit "C ", Delray Beach, FL 33483, stated every year the St. Patrick's Day Parade is great but there have been problems in his neighborhood where the staging areas are held for all the floats. Mr. Blum suggested that the Commission instructs staff to make sure wherever the staging areas are held that they are held on Atlantic Avenue and not on the side streets where the swales are. 6 03/05/13 There being no one else from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. Mr. Barcinski stated the parade is lining up on Atlantic Avenue only and noted that staff held an event planning meeting this morning and staff as well as the event producer were instructed to check those side streets to make sure garbage is all picked up after the parade. 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). Ms. Morrison moved to adopt the Board Order approving the waiver, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Ms. Morrison Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:27 p.m., the Commission moved to Item 10.13., of the Regular Agenda. 10.13. WAIVER REQUEST /51sT ANNUAL DELRAY AFFAIR: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.7(F)(3)(f), "Special Event Non - Roadway Banner Signing ", to allow banners to exceed 20 square feet on April 5 - 7, 2013 within the site of the Delray Affair. (Quasi - Judicial Hearing) Mayor Carney asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Robert A. Barcinski, Assistant City Manager, stated this is a waiver request for the Delray Affair to LDR Section 4.6.7(F)(3)(f). 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). Ms. Morrison moved to adopt the Board Order as presented subject to the condition that each sign must provide the name, time, date and location of the event, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel Yes; Mrs. Gray Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 10.C. DISCUSSION OF VALET PARKING RECOMMENDATIONS: Provide direction regarding modifications to the S.E. 2" Avenue valet queue in an attempt to mitigate traffic congestion in the area. 7 03/05/13 Scott Aronson, Parking Management Specialist, stated this item is for proposed modifications to the valet parking agreement for S.E. 2nd Avenue valet queue. Mr. Aronson stated this item was before the Commission in 2012 and in anticipation of the opening of Racks restaurant. Mr. Aronson stated there are three two space areas separated by intermittent landscape islands; the first two (2) spaces from Atlantic Avenue are the current valet queue. Staff recommends that the valet queue be shifted to the second and third pair of spaces and that would take them away from the Avenue by about an additional sixty (60) feet or so which would help alleviate some of the backing up onto Atlantic Avenue. Staff further recommends that the queue be expanded to take the two bays and the intermittent landscape island to be removed and that would create five (5) contiguous spaces to allow for the valet to queue the cars up in the queue so that other cars can come in behind it. Mr. Aronson stated the request from the applicant was to also put a valet queue on the west side but staff did not agree with that. He stated the area in front of Racks is not sizeable enough to accommodate the extra foot traffic along with the crossing of S.E. 2nd Street which could be hazardous. Mr. Aronson stated the queue on 2nd Street parks their cars at the Federspiel Garage so they have a five (5) block drive before they get to park the cars. He stated there are about 12 or 15 attendants in that queue and traffic on Atlantic Avenue to return is still going to be a problem but staff is hopeful that the expansion of the queue along with the removal of the landscape node would allow for a smoother transition. Mr. Aronson stated allowing them to use the loading zone to the south of the queue during high intensity times between the 5:00 p.m. transition between the early dinner and late dinner hour is usually when they get the most traffic of cars coming and leaving. He stated the City would allow them to use that for additional stacking until they can catch up to the traffic flow and then move those cars over to the Federspiel Garage. Mr. Aronson stated based on observations of the queue and Commissioner Jacquet's comments at the February 19, 2013 meeting, staff wanted to move this forward so they can get to resolve those issues. Mr. Aronson stated the removal of the landscape island is estimated at $6,000 and there are fields in the in -lieu of fund where the valet queue fees are kept and that could be funded through the funds that are in that account. He stated this would create five (5) spaces and one (1) additional public space for general use during the daytime in addition to increasing the valet revenue received from the queue. Mr. Frankel asked if the operator would pay for the additional spots. Mr. Aronson stated they would be paying for five (5) instead of two (2). Mr. Frankel asked what penalties do valet operators face for parking cars illegally. Mr. Aronson stated the first offense is a warning; the second offense is $200 fine; the third offense is a $500 fine and on a 0' offense it is a recommendation to the City Commission to cancel the valet queue. Mr. Frankel stated last week he had to call one of the clean and safe officers about valets parking cars in "no parking zones ". Mr. Aronson stated it is noted that the valets have been seen taking cars in the street and often times those are belligerent customers who pull up in the roadway when the queue is full and insist that the valet take their car. He stated the valets try not to but ultimately sometimes take the cars just to keep the traffic flow. Mr. Frankel stated increasingly he has seen these valet kids driving cars ridiculously and parking wherever they feel like. S 03/05/13 Mr. Jacquet stated he asked for this to be brought up because not only has he had a major concern with that particular area, he has received numerous calls and complaints from some business owners about valets taking their spots and being rude to them. Also, Mr. Jacquet stated he drove down that street and there were seven (7) cars parked in the southbound lane with their flashing lights on. Mr. Jacquet stated he pulled over because he had to wait for the northbound traffic to pass and asked the valet if those cars are going to stay there and he rudely responded said "yes they are and what does it matter to you ?" Mr. Jacquet stated took photos of the cars parked in the street. Mr. Jacquet stated he personally does not use the valets downtown; however, if anyone is going to do business in town they need to respect the business owners and abide by the rules the City puts in place. Mr. Jacquet stated he is glad that staff is doing something about it to try and alleviate the problem and inquired about how much money the City is making from these valets. Secondly, Mr. Jacquet asked if the $6,000 that it will cost the City to get rid of the island and move spaces is taxpayers' money or are the valets going to pay for it. In response, Mr. Aronson stated the license for this valet queue is held by Prime Steakhouse and staff has not approached the licensee with respect to those construction costs. He stated the money that is being used is the valet fees that the City collects for the valet spaces currently $105.00 per space per month is collected and it is that money the City is reinvesting and making these changes. Mrs. Gray stated she does not feel that the City should be paying $6,000 to create another space for the valet queue. She stated she is not sure if this has been vetted out properly. Mrs. Gray stated she is glad that staff is not offering to put the other valet queue across the street and thought the dollars that are being raised from the valet queues was to create more parking. Mr. Aronson stated that is the in -lieu of fees that are used for parking purposes and the valet queue fees are held in that same account which is separate from the General Fund. Mr. Aronson explained that there are currently two (2) spaces and will expand it to five (5) and more public parking will be taken away off 2nd Avenue. Mr. Aronson stated the City would be taking two (2) additional spaces and then the one (1) space that is being created. Mr. Jacquet stated he is not sure if it was those spaces or other places around downtown but he has had business owners who have said that behind their business are usually reserved spaces for them to park and they are being taken over by valets and they are parking in "no parking" areas. Mr. Jacquet stated Pineapple Grove had that problem as well. Mr. Jacquet stated the Commission} will have a Workshop to discuss valets downtown. Mr. Jacquet stated this is a good solution although it may not be the best solution. Mr. Jacquet asked if staff received feedback from the Clean & Safe officers on this particular proposal. In response, Mr. Aronson stated he has met with the Clean & Safe Officers and two representatives from the Police Department were at Monday's meeting with staff to discuss some of these changes and recommendations. He stated one of the suggestions was to hire an off -duty officer to control traffic for some of those that do not obey those of the valet attendants. Staff has decided to see how these changes affect management of the queue and if staff needs further remediating steps then we will have them hire an off -duty officer. 9 03/05/13 Mr. Smith stated this was the Police Department's feedback to staff to see how these changes work and explore the next step. Mrs. Gray stated if the Commission is going to be having a meeting is there a reason why this is being discussed now or can it wait another week or two. Mr. Aronson stated staff wanted to address the issue as quickly as possible while they are in mid - season to see if staff can get some of the changes done. Mr. Smith stated because this has been such a problem area that has been identified staff was trying to address that now. Mr. Smith stated at the March Workshop staff plans to discuss the whole scope of the valet program in general. Mrs. Gray suggested that for one more week the Commission should just table this and have everything put out on the same time. Mr. Smith stated how the Commission would like to move forward is at their discretion and if they do decide to take that approach then staff would move back to the following regular meeting for any official approval changes that they would like for the specific area. Mr. Jacquet stated in the meantime would it be a burden to have the valet companies hire an officer to look over it while the Commission is waiting to discuss the valet around town. Mr. Aronson stated the estimated cost is $2,000 a week ($40.00 per hour). Ms. Morrison asked that staff display the aerial that shows the west side of the intersection. Ms. Morrison stated she agrees that this may be a start of a solution but this is not the solution. She stated that the valets are delivering cars back on the east side of the street. Mr. Aronson stated he was not aware that the valets were doing that because they were not permitted to. Ms. Morrison stated this is hazardous because people are walking back and forth on the Avenue while cars are trying to come off Atlantic. Ms. Morrison stated this intersection is pivotal with five (5) restaurants at this location. Mayor Carney stated this one valet queue standing alone is not a problem but feels the overall system needs to be reviewed because there are a series of issues that have to be addressed. Mayor Carney stated he agrees that the Commission needs an overall look at how the City is doing these valet queues and asked when the valet queue contracts come due. In response, Mr. Aronson stated they were scheduled for March and staff will be having some discussions at the Workshop as well with that. Mr. Aronson stated in the paperwork submitted for renewal and during the last approvals of modifications to the agreement there is a portion of the contract that got eliminated which gave the authority to the City Manager to renew the licenses. Mayor Carney stated he believes that there are serious enforcement issues about people parking there for longer periods of time than just the drop off. Mrs. Gray suggested that the Commission table this item and have the study done and do it all at one time since there are only two weeks; next week is the meeting and then the following week it will be before the Commission for approval. She stated they may discover that the valet queue is not in the right spot at all. 10 03/05/13 Mr. Jacquet concurs with comments expressed by Mrs. Gray that the Commission have the discussion on the valet fees and location, etc. they may be in a better position of making a better decision. Mr. Jacquet agrees with Commissioner Morrison that the City put in stop gap measures as far as having an off-duty officer to make sure that we can protect our patrons and business owners. Mr. Carney asked if the Commission decides to table this to the Workshop meeting how can they create a condition requesting that the valet queue provide an off - duty police officer. Brief discussion followed between the City Attorney and the Commission. Mr. Frankel stated it is important to invite the Clean and Safe Officers next week to participate in the discussion at the Workshop meeting with the valets. Mr. Jacquet suggested a notice be sent out to the business owners to invite them to the meeting as well. Mrs. Gray moved to take no action on Item 10.C. and authorize the City Manager to inform the valet queue that they need to have an off -duty officer, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.1). PROPOSAL FOR SETTLEMENT IN DENISE RYDZEWSKI v. CITY OF DELRAY BEACH: Consider a Proposal for Settlement in the total amount of $30,000.00 in Denise Rydzewski v. City of Delray Beach. Staff recommends denial. Terrill Pyburn, Assistant City Attorney, stated this is a settlement offer in the Rydzewski case which was a trip and fall on Germantown Road on the sidewalk. The PIaintiff has made a proposal for settlement in the amount of $30,000. Staff recommends denial. Mrs. Gray asked why staff recommends denial. Ms. Pyburn stated staff does not believe it is worth that amount at this point in time. Mr. Frankel moved to approve the proposal for settlement in the amount of $30,000 in Denise Rydzewski v. City of Delray Beach, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — No; Mayor Carney — No; Ms. Morrison — No; Mr. Jacquet No; Mr. Frankel -- No. Said motion was DENIED with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to Item 11 Public Hearings. 11 03/05/13 11. PUBLIC HEARINGS: 11.A. ORDINANCE NO. 01 -13: Consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. The caption of Ordinance No. 01 -03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE "; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 01 -03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the Commission voted on this ordinance some time ago and then staff discovered that there was an error in the publication and this is the reason this is back before the Commission. The City Attorney stated the publication is correct and the notice is correct. Mayor Carney declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01 -03, the public hearing was closed. The City Attorney explained that by putting this in the local rules it can be changed by the City Commission. 12 03/05/13 Mr. Jacquet reiterated that he does not agree with this item because this removes something from the Charter and puts it into the rules of the Commission which will be at the whim of any Commission to decide how this goes. In his opinion, Mr. Jacquet stated he disagrees with this because he feels even if this were changed that it should not be changed by the Commission and he stands by his previous comments. Mayor Carney supports this ordinance because how one votes should be in the Commission. For example, the previous vote the Commission made had to be made in the affirmative and the Commission should be able to mare a motion to deny. Mayor Carney stated they still have to have three (3) affirmative votes and still have to be recorded. In his opinion, Mayor Carney stated rules and regulations or how you run yourself as a ministerial point are best left in the rules versus the Charter. Mr. Frankel moved to adopt Ordinance No. 01 -13 on Second and FINAL Reading, seconded by Ms. Morrison. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison Yes; Mr. Jacquet —No; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. II.B. ORDINANCE NO. 05 -13 (SECOND READING /SECOND PUBLIC HEARING): Consider approval of a privately initiated amendment to the Land Development Regulations (LDR) Section 4.3.4(J)(4), "Increases to Height Regulations ", Subsection (b), "Allowances ", to allow an increase in building height to be considered for the Delray Medical Center, located at 5352 Linton Boulevard. The caption of Ordinance No. 05 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4(J), "HEIGHT ", SUBSECTION (4), "INCREASES TO HEIGHT REGULATIONS ", SUBSECTION (b), "ALLOWANCES ", TO ALLOW AN INCREASE IN BUILDING HEIGHT TO BE CONSIDERED FOR DELRAY MEDICAL CENTER; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 05 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 13 03/05/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately - initiated amendment to add the Delray Medical Center campus to the list of areas eligible to request an increase in maximum allowable height up to sixty (60) feet. Mr. Dorling stated the property is zoned CF {Community Facilities) and currently allows a maximum height of forty -eight (48) feet. Staff feels this is an area in the city where it is appropriate to apply this. Mr. Dorling stated this is concurrent with a submittal for conditional use and a Class IV site plan which would add a 4 -story 129,000 square foot bed tower to the hospital as well as a 5 -story parking structure and in the development of that it has become necessary to provide four (4) floors of bed tower and because of the distances between floors sixty (60) feet is necessary to do it appropriately. At its meeting of January 29, 2013, the Planning and Zoning Board reviewed this and recommended approval. Colleen Walter, Urban Desien Kilday Studios, 477 S. Rosemary Road #225, West Palm Beach, FL 33401 (applicant), stated the primary reason for this request is to allow for the addition of a bed tower to the hospital because of the floor -to- floor heights that is needed for medical facilities, the four (4) stories cannot be accommodated in forty-eight (48) feet; a sixty (60) foot is necessary. Ms. Walter stated the conditional use application will be coming back before the Commission where they will have the opportunity to review the plans in detail. There was no rebuttal. Mayor Carney declared the public hearing open. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, FL 33444, expressed concern over the Commission allowing the applicant to increase the height and the precedent this will set. Ms. Alford stated we will lose some of the sunshine and ocean breezes. In addition, Ms. Alford stated there are currently not enough parking spaces at the Medical Center and asked if the applicant is going to be able to increase the parking area. There being no one else from the public who wished to address the Commission regarding Ordinance No. 05 -13, the public hearing was closed. Mr. Dorling stated part of the improvement includes a five (5) story parking garage addition. He stated this is not an intensification of the use but is actually taking semi - private rooms and making them private rooms so it is adding rooms but not capacity as it relates to traffic. Mr. Frankel stated this will be a great improvement. Mr. Jacquet stated if the Commission approves this conditional use he believes it does not give anyone else the right to build their buildings any higher. The City Attorney stated they would still have to come before this Commission. 14 03/05/13 Ms. Morrison asked where the tower is going to be to address the sunshine issue. Mr. Dorling stated it will be in the front to identify an entrance to the hospital. Ms. Morrison stated the neighborhoods to the south, west and the north will not be impacted by this height because it is in the center of the hospital campus. Mayor Carney stated this is a great project. Ms. Morrison moved to adopt Ordinance No. 05 -13 on Second Reading /Second Public Hearing, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes. Said motion passed with a 5 to 0 vote. 11.C. ORDINANCE NO. 03 -13: Consider approval to provide for the designation of a property located at 170 Marine Way as "The Marina House" to the Local Register of Historic Places. The caption of Ordinance No. 03 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MARINA HOUSE, LOCATED AT 170 MARINE WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 03 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this site is located at the northwest corner of Marine Way and S.E. 2 "d Street. Mr. Dorling stated this house will be an individually designated property that has recently been moved to this site from 806 N.E. 2 "d Avenue. He stated to be designated individually it has to meet one of the criteria in LDR Section 4.5.1(B). Mr. Dorling stated it meets criteria under LDR Section 4.5.1(B)(3) due to its architectural and aesthetic significance exemplified by the vernacular style. 15 03/05/13 At its meeting of February 6, 2013, the Historic Preservation Board (HPB) reviewed this ordinance and there was a recommendation of approval. The City Commission reviewed this at first reading on February 19, 2013 and recommended approval at that time. Mr. Jacquet moved to adopt Ordinance No. 03 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 10.E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member to serve an unexpired term ending July 31, 2014 to the Neighborhood Advisory Council. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Shirl Fields as a regular member to the Neighborhood Advisory Council (NAC) to serve an unexpired term ending July 31, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Carney — Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.F. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based upon the rotation system, the appointment will be made by Commissioner Morrison (Seat 41). Ms. Morrison moved to appoint Francis Marincola as a regular member to the Police Advisory Board (PAB) to serve an unexpired term plus a two (2) year term ending July 31, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor Carney Yes; Ms. Morrison — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 10.G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to serve an unexpired term plus a two (2) year term ending July 31, 2015 to the Financial Review Board. Based upon the rotation system, the appointment will be made by Mayor Carney (Seat #5). Mayor Carney stated he wished to appoint Jeff Ritter as a regular member to the Financial Review Board (FRB) to serve an unexpired term plus a two (2) year term ending July 31, 2015. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Carney — Yes; Ms. Morrison Yes; Mr. Jacquet 16 03/05/13 Yes; Mr. Frankel Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. O.A. City Manager Douglas E. Smith, Interim City Manager, stated he sent the Commission a notification from the Planning and Zoning Director that the dredging project is underway. Secondly, Mr. Smith stated staff is working on the educational components of the consulting services that the City has acquired for the ballot initiative items that they have coming up next week. He stated the automated phone calls have gone out to one of those over the weekend and staff has established a call in number for people to call in for more information. Mr. Smith stated staff just gave approval for the printed flyer and it explains things in a nice bulleted fashion for each item and it should be arriving in people's mailboxes Friday or Saturday. Mr. Smith stated at a recent Police and Fire Pension Board meeting there was a presentation by an individual that does the investment consulting for that board regarding looking at fees, etc. with providers of the City's deferred compensation accounts (i.e., 457, 401 Plans and also the deferred retirement plans). He stated it was discussed at that meeting to possibly have this individual come and do a presentation for the Commission. Mr. Smith stated staff is currently doing some additional research at the staff level that they would like to go through as well as allow the new City Manager to review prior to bringing it back. He stated Delray Place is scheduled for SPRAB on March 13, 2013 and would then be scheduled for City Commission action on April 16, 2013 but due to Mr. Dorling being out -of -town staff is going to plan to move that back to April 9, 2013 and have that as a pre -item to the Workshop Agenda. Mr. Smith stated Mr. Dorling has invited any of the Commission who is interested in getting out to the dredge equipment they can do that. Mr. Smith stated it is going to be a time commitment of a minimum of 3 hours or so even if the Commission prefers to stay on the land as well. Lastly, Mr. Smith asked for direction from the Commission if they wish to move the meeting that is scheduled for tomorrow evening with the CRA into the Chambers. At this point, Commissioner Carney noted that Mrs. Rolle has a student present this evening from her Civics class. 13.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. 17 03/05/13 O.C. City Commission 13.C.1. Mr. Frankel Mr. Frankel asked if it is appropriate to have the meeting with the CRA tomorrow or is it best to wait until after the Election. Brief discussion by the Commission ensued. After brief discussion, it was the consensus of the Commission to move the CRA meeting from tomorrow until after the new City Manager starts and that it be a stand -alone meeting in April_ Secondly, Mr. Frankel stated he received an email from Marie Nofsinger about the Delray Inn and noted it came before the City Commission and they requested to be able to do some medical procedures and it was a 5 to 0 vote against it; however, they are doing these procedures. The City Attorney stated staff has passed this along to Mrs. Butler and she is looking into that to see if there are any code violations. He stated the tennis was amazing and the crowd on Sunday was remarkable. Mr. Frankel stated he sent an email to Mr. Smith about Naked Hair Salon and would like to see them recognized for all the community service they have done for the last 3 -4 years. Mr. Smith stated staff will pass this along to the Commission and get them set up for a recognition award at an upcoming meeting. 13.C.2. Mrs. Gray Mrs. Gray stated the tennis tournament was great this weekend and hopes that the City can work out the problems expressed by Ms. Moody this evening. 13.C.3. Ms. Morrison Ms. Morrison thanked Ms. Alford about her comments about the hospital, sunshine, and the parking because they are legitimate concerns and she wants to make sure she realized that the Commission addressed those concerns and that they were not going to affect the surrounding neighborhood. Secondly, Ms. Morrison stated the tennis was fabulous. She stated when the City hires valets and contractors for the City that it is not a City liability; every contractor that the City hires does have their own insurance should anything happen so the liability of the City is remote. Mayor Carney stated the City has hold harmless provisions and indemnification. 18 03/05/13 13.C.4. Mr. Jacquet Mr. Jacquet stated the tennis was fabulous and it was well attended. Secondly, Mr. Jacquet concurred with Commissioner Frankel that the Commissioner give special recognition to Naked Hair Salon for the type of work they are doing. He stated they are the only one in the world or one of very few that is 100% green and no carbon footprint. Mr. Jacquet stated the City has 137 sworn officers; only 2 are uniformed creole speaking officers. Mr. Jacquet feels this is a problem with regard to community policing and no one at the front desk who speaks creole. He stated the Problem Oriented Policing (P.O.P.) Program has done a phenomenal job in the City under the leadership of Sergeant Weatherspoon. Mr. Jacquet stated Gary Ferreri was involved and now Officer Merk in the Osceola Park neighborhood and noted that they have cleaned the neighborhood up and crime has drastically gone down. He stated the neighbors in the community have gotten together and for three years straight have cleaned out an entire alley with the help of the City and the Police Department. Mr. Jacquet commented about the "Art in the Alley" event this past Sunday and stated the neighbors have put their hands together and taken back their neighborhoods and he feels that is a prime example of how community policing and everyone coming to the table together to solve our issues. He stated this has worked beautifully and applauds the Police Department, the neighbors and the City for their efforts. Mr. Jacquet stated Major Joe Bernadel who heads the Toussaint L'Ouverture High School last year they had an event in Boynton Beach for Haitian Flag Day on May 18, 2012 where they raised the flag in front of City Hall and this year they want to hold it here in Delray Beach. Mr. Jacquet stated this would be a great event to do on May 18, 2013 at 10:00 a.m. and he would like to look at the logistics of getting that done. Lastly, Mr. Jacquet stated with all the development that the City is planning on doing with West Atlantic Avenue with Visions 2020 getting ready to meet, etc. and when these businesses come to town the City may actually need a parking garage out west. 13.C.5. Mayor Carney Mayor Carney stated this is the third year in a row for "Art in the Alley" and noted they do wonderful work in Osceola Park and it is a true example of a community getting together to improve itself to establish relationships with their neighbors. He stated it was fabulous event this year. 19 03/05/13 Secondly, Mr. Carney stated the City did a great job with organizing the tennis event and the traffic patterns were great. He stated it is a testimony to how well it was planned both by the promoter and the City. Lastly, Mayor Carney concurs with Commissioner Jacquet that Haitian Flag Day (May 1 Sty`) is a great idea for Delray Beach. There being no further business, Mayor Carney declared the meeting adjourned at 7:32 p.m. S��' �- ), V ' City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 5, 2013, which Minutes were formally approved and adopted by the City Commission on April 2, 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. 20 03/05/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACK FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH', FLORIDA WAIVER REQUEST REGARDING AN INCREASE IN SIZE OF TEMPORARY: SPECIAL EVENT NOM - ROADWAY BANNERS FOR THE ST. PATRICK°S DAY PARTY AND PARADE I This waiver request to allow an increase in size of temporary, special event non - roadway banners to exceed 20. sq, ft. in area came before the City Commission.on March 5; 2oa 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow special event non roadway: banners to exceed 20 sq. ft_ in area: Ali of the evidence is a part. of the record in this case:. Required findingS are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4;7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waives .(a) Shall not adversely affect the neighboring area; (b Shall not significantly diminish the provision of public facilities; (c.) Shall not create an unsafe situation.;. and, (d) Does not result in the .grant of a special privilege in that. the same waiver would be granted under similar circumstance on other property far another appl,i'cant or owner, A. Waiver Request: A waiver to LD( Section 4.6.7(F)(3)(f)(4);, to allow an increase in size of temporary special event non- roadway banners from the twenty (20) square foot area size maximum provided in the LDRs to approximately twenty -four (24) square foot area size. Does the wailver .request to increase the special event non- roadway banner size meet all the requirements of 2.4.7(B)(5)? Yes f No City Commission Meeting on March 5, 2013; Item 10.A. 3 The City Commission has applied the Comprehensive plan and LpR. requirements in existence at. the time the' original development. application was submitted and finds that its determ!nation9 set:forth it! this Order are consistent with the Comprehensive Plan, 4: The ,City. Commissio t finds there is ample and competent substantial . evidence, to support its findings in the record submitted and adopts the facts- contained in the record' including but: not limited, to the staff:, reporis, testimony of experts and other= competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission. approves dehies the waiver requests to LDR Section 4.6.7(F)(3)(f)(4) subject to the+ condition;. that elach'sign must provide the name, time, date, and. locatlon:of the event:. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of March, 2(313, by a vote of:' 5 in favor, and ,T0 opposed,. Thomas F. Carney, Jr., Mayor ATTEST: Chev:elle N`ubm, City: Clerk 2. City Commission Meeting on March 5, 2013; Item 1 0.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY.COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST REGARDINGAN' INCREASE IN SIZE OF TEMPORARY SPECIAL EVENT NON- ROADWAY BANNERS: FOR THE DELRAY AFFAIR 1. This waiver request to allow an increase in size of temporary; special event non - roadway banners to exceed 20 sq. ft. in area carne before the City Commission on March 5, 20,13. - 21 The Applicant and City staff presented, documentary evidence and, testimony to the City Commission pertaining to the waiver request to allow special event non-roadway banners; to eKCeed 20 sq. ft. in area. All of the evidence is a part of the, record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2A.i(. )(5), prior to granting a waiver„ the approving body shall make a finding that the granting of the waiver_. (a), Shall not adversely affect the neighboring area; (b) Shall not significantiy diminish the provision: of public faciiities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar: circumstances on other property for another applicant or owner. A. Waiver' Request; A waiver to LDR Section 4.5.7(1=)(3)(f)(4), to allow an increase in size of temporary special event non - roadway banners from the twenty (20) square foot area size maximum provided in the. LDRs. to approximately twenty-fodr (24) square foot area size. Does the waiver request to increase the special event non- roadway banner size meet all the requirements of 2.4,7(B)(5)? Yes No City Commission Meeting on march 5, 2013; Item 10.B. 3:: The: City Commission has applied the Comprehensive: Plan and LDi requirements in existence at the time the ;original developmentppiicaton was submitted and finds that its determinations set forth in this 0r'der are consistent with the Comprehensive: Plan; 4:, The City Commission finds therel is ample and competent substantial evidence, to support its findings in the record submitted. and adopts the facts contained in the record including but not limited td the stafff reports testimony of experts and other competent witnesses supporting these findings. 51 Based. on the entire record before it tho City Commission approvers: f denies —the waiver requests. to LDR Section 4_6.7(F)(3)(f)(4) subject to the condition that each sign must provide th.e name, time, dater and location ofthe event. 0. Based on the. entire record before it, the City Commission hereby adopts this: Order' this 5th day of March, 2013, by` a vote ofi 5 in favor and D opposed., ATTEST: Chevelle Nabirn;. City Clerk 2 Thomas F. Carno.y, Jr..;, Mayor. City Commission Meeting on march 5,2013; Item 10 B.