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04-02-13 Regular Meeting MinutesAPRIL 2, 2013 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Cary Glickstein in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 2, 2013. 1. Roll call showed: Present- Commissioner Shelly Petrolia Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Cary Glickstein Absent - None Also present were - Louie Chapman, Jr., City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity Church of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. At this point, Mayor Glickstein welcomed City Manager Louie Chapman to Delray Beach and stated he is the City's 14t11 City Manager since 1946. 4. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the January 14, 2013 Workshop Minutes, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia— Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve February 12, 2013 Special /Workshop Minutes, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 5, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 04/02/13 For the record, Mayor Glickstein clarified that Judge Gladstone is retired and the Organizational Meeting Minutes of March 28, 2013 should reflect this. The City Clerk so noted. Mr. Frankel moved to approve the Minutes of the March 28, 2013 Organizational Meeting as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. 5. PROCLAMATIONS: 5.A. Delray Beach Public Library Appreciation Month — April 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 2013 as Delray Beach Public Library Appreciation Month, Alan Kornblau carne forward to accept the proclamation and gave a few brief comments. 5.B. Earth Month — April 2013 Mayor Glickstein read and presented a proclamation hereby proclaiming April 2013 as Earth Month. Richard Reade, Sustainability Officer, came forward to accept the proclamation and gave a few brief comments. 6. PRESENTATIONS: A. None 7. Comments and Inquiries on Agenda and Non - Agenda Items From the Public Immediately Following Presentations 7.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 7.B. From the Public. 7.B.1. Carol Anderson, 1441 East Begley Park Drive, Delray Beach, FL 33445 (outreach officer with S.A.F.E. (a civic group aiming to improve our Pedestrian bicyclists' and motorists' safety), welcomed Commissioner Petrolia, Mayor Glickstein and City Manager Chapman. Secondly, Ms. Anderson commented about Earth Day and stated S.A.F.E. is working hard in cooperation with the City with the goal of continuing to make Delray Beach an even better community. She stated S.A.F.E.'s concern is to promote bicycle and pedestrian safety and they are particularly concerned now to see the administration 2 04/02/13 initiate transportation demand management for employees to implement some of the recommendations made in the Delray Pedestrian Bike Task Force Study completed ten years ago and adopted by the City Commission two years ago. Ms. Anderson suggested that the Commission set up a Citizen and Pedestrian Bike Committee, hire a full -time coordinator, and get a Master Plan drafted so that the City can promote pedestrian and bicycle safety. She stated there is a concern that pedestrians and restaurant owners have been blocking some of the downtown sidewalks. 7.B.2. Gail Lee McDermott,_721_S.E. 3rd Avenue,_Delray Beach, FL 3_3483 (liaison for Osceola Park), welcomed the new Mayor and City Commissioner. Ms. McDermott stated approximately one month ago Osceola Park had Art in the Alley and there were over 200 people who came to visit the clean alley. She stated there will be an Art in the Alley IV in a year. Ms. McDermott thanked Office Depot for putting up a fence for one family and they had art to put on it. She recognized the P.O.P. (Problem Oriented Policing) who are now thrilled with a clear alley because they can now see down it. 7.B.3. Kenneth MacNamee, 1049 Del Haven Drive, Delray Beach, FL 33483, welcomed the new City Manager, the two new Commission members Mayor Glickstein and Commissioner Petrolia. Mr. MacNamee briefly spoke about public records and public information requests and stated he found it easier to obtain public information from other municipalities and other governmental bodies than it was to obtain information from Delray Beach. He asked the City Commission to make a commitment so that the City of Delray Beach becomes a model of being forthcoming with information that citizens request. 7.B.4. Jeff Peterson, 1332 Estuary Trail, Delray Beach, FL 33483 (Resident of Delray Beach since 1999 and Federal Lobbyist), stated recently an RFP came out for Federal lobbying services in Delray Beach. Mr. Peterson stated he has experience in working in small city government and in his last lobbying job he represented the Palm Beach County Commission, Boynton Beach and the Boynton Beach CRA. He stated this RFP is perfect if you are a large cement company that wants to apply to redo the sewers throughout the city. Mr. Peterson stated lobbying is a very personal business and there are so many requirements that it keeps most of the lobbyist who know Delray Beach and Washington from applying for that contract. Mr. Peterson suggested that the City make the RFP fit the job rather than have a large RFP. Mayor Glickstein asked Mr. Peterson if he can provide in writing the specific recommendations regarding simplifying the RFP. Mr. Peterson stated he can put these specific recommendations in writing regarding simplifying the RFP. 7.13.5. Chuck Ridley, 210 N.W. 2nd Avenue, Delray Beach, FL 33444, stated he is so proud and pleased with the new Commission and looks forward to the new opportunity of working together. 7.13.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, congratulated the new Commission and City Manager and stated she sees more of what is 3 04/02/13 really going on because she is out on the streets every day. Ms. Moody stated she cleans up on her own because she cares about the community. Secondly, Ms. Moody expressed concern over the renovations in the City Manager's office and feels this is not fair to the taxpayers. Lastly, Ms. Moody commented about Consent Agenda Item 9.D. (Medical Facility) and asked if all employees can take advantage of the facility. Mr. Frankel stated that all employees have access to the City's medical facility. 7.11.7. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance ), stated a couple of weeks ago the Chief of Police gave the Commission a report on the status of his staff. Dr. Kirson stated if we lose one sworn officer it takes over a year to make a person eligible to be a sworn officer and it costs the City $105,000 to train him and replace him. He stated the Palm Beach County Sheriff's office is hiring now and they have a program where if you give them free time they will put you first on the list to hire you. Dr. Kirson requested that the City give all sworn officers a 5% incentive bonus right now with the caveat that the officers state that with this 5% bonus they will stay for at least one year to give the City time to get more money. 8. AGENDA APPROVAL. Mr. Frankel stated he would like to hear more information regarding Item 10.C. if it is the consensus of the Commission. It was the consensus of the Commission to move up Item 10.C., Request for Proposals: Federal Legislative & Executive Lobbying Services to the Regular Agenda as Item 10.A. Mrs. Gray requested to remove Item 9.B., Service Authorization No. 12- 031Kimley -Horn and Associates, Inc. to the Regular Agenda as Item 10.A.A. The City Attorney stated Item 9.A. will be Item 10.11., Item 9.C., Service Authorization No. 12- 06/Mathews Consulting, Inc. will be Item 10.C., Item 10.8., Conditional Use Request/Breathe Restaurant will be Item 10.D., Item 10.C., Request for Proposals: Federal Legislative & Executive will be Item 10.E. discussion. Mayor Glickstein requested that Item 10.F. be added by addendum for At this point, Commissioner racquet left the dais. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Frankel Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 4 04/02/13 At this point, Commissioner Jacquet returned to the dais. 9. CONSENT AGENDA: City Manager Recommends Approval. 9.A. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.13. 9.B. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.A.A. 9.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 10.C. 9.D. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES AT A WORKSITE MEDICAL FACILITY /CONCENTRA HEALTH SERVICES, INC.: Approve Amendment No. 1 to the Agreement for Services at a Worksite Medical Facility with Concentra Health Services, Inc. to provide certain healthcare services at the Employee Health and Wellness Center for the Town of Highland Beach's full -time Police Officers. 9.E. GRANT PROPOSAL: PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Provide authorization to submit a Transportation Alternatives Program grant to the Palm Beach Metropolitan Planning Organization (MPO) for the purpose of funding beautification improvements along N.E. 2" d Avenue /Seacrest Boulevard from N.E. St' Street/George Bush Boulevard north to Gulfstream Boulevard. 9.F. CONTRACT CLOSEOUT (C.Q.. NO. 1 /FINAL)/ DAC AIR CONDITIONING, CORPORATION: Approve a Contract Closeout (Change Order No. 1 /Final) in the amount of a $9,963.00 decrease and final payment in the amount of $22,332.10 to DAC Air Conditioning Corporation for completion of the Police Range Ventilation Project. Funding is available from 334 - 2111 - 521 -64.90 (General Construction Fund: Machinery Equipment/Other Machinery/Equipment). 9.G. RESOLUTION NO. 22-13: LOCAL HOUSING ASSISTANCE PLAN L( HAP): Approve Resolution No. 22 -13; adopting the Local Housing Assistance Plan (LHAP) for Fiscal Years 2013 -2016. The caption of Resolution No. 22 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420907 - 420.9079, FLORIDA STATUTES, AND RULE CHAPTER 67 -37, FLORIDA ADMINISTRATIVE 5 04/02/13 CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 22 -13 is on file in the City Clerk's office.) 9.H. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 102 S.E. 8th STREET: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, C J Contracting, LLC, for 102 S.E. 8th Street in the amount of $33,598.95. Funding is available from 118- 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 9.I. HOUSING REHABILITATION GRANT/ CONTRACT AWARD: 710 S.W. 5f AVENUE: Award one (1) Housing Rehabilitation contract through the Neighborhood Stabilization Program (NSP) to the lowest responsive bidder, All Phase Roofing & Construction for 710 S.W. 5th Avenue in the amount of $27,231.75. Funding is available from 118 - 1935 - 554 -62.12 (Neighborhood Services: Capital Outlay /Acquisition Rehabilitation). 9.J. GRANT AGREEMENT/ COMMUNITY REDEVELOPMENT AGENCY (CRA): Approve a grant agreement between the City and the CRA for grant funding for the FED Cup Tie in the amount of $75,000.00. 9.K. SPECIAL EVENT REQUEST /16T11 ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 16'�` Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 25 - 26, 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 the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and North parking lot at City Hall; and to provide staff support for traffic control and security, barricading and fire inspection services. The estimated cost of the event, which the sponsor is responsible for, is $3,935.00. 9.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 18, 2013 through March 29, 2013. 6 04/02/13 9.M. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Alan Jay Automotive Network in the amount of $228,802.00 for the replacement of eight (8) vehicles for the Police Department. Funding is available from 501- 3312 -591 -64.20 (Garage Fund: Machinery /Equipment/Automotive). 2. Purchase award to Parker Systems, Inc. in the amount of 104,774.00 for the installation of Digital Payment Technologies' Multi -Space parking meters for the Old School Square Garage for weekend collection. Funding is available from 334- 3162 -545- 64.90 (General Construction Fund: Machinery/ Equipment/other Machinery/ Equipment); Community Redevelopment Agency (CRA) will fund an amount not to exceed $75,000.00. 3. Bid award to Unique Transportation for the provision of Trolley service operations. Funding is available from 001 - 3151 - 545.34 -90 (General Fund: Other Contractual Services). Mr. Frankel moved to approve the Consent 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 Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10. REGULAR AGENDA: 10.A.A. SERVICE AUTHORIZATION NO. 12- 03/KIMLEY -HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -03 with Kimley -Horn and Associates, Inc. in the amount of $24,200.00 for the design of Block 117 Garage Study Project. Funding is available from 334 - 3151 -545 -31.90 (General Construction Fund: Professional Services /Other Professional Services). Victor Majtenyi, Deputy Director of Public Utilities, stated this item is a service authorization to Kimley -Horn to perform a study on a City -owned parking lot that does not meet the standards under the LDRs. Mr. Majtenyi stated the lot is south of Atlantic Avenue one block on the east side of northbound Federal Highway. The lot requires upgrades with respect to lighting, landscaping islands, resurfacing, some drainage work, and side lighting. He stated the lot was identified on the Downtown Master Plan as an area that could be potential for a parking garage. Mr. Majtenyi stated some of the options to consider are a stand -alone parking garage, a mixed -use parking garage with retail space, and one with mechanical type features. Mrs. Gray stated the parking study was done recommending that we should look at the possibility of having a garage. Mr. Majtenyi stated it was in the Master Plan not the parking study. He stated the parking study mentioned spaces that would be prime uses for parking garages like this kind mechanical type parking garage and can be an option that can be considered. Mrs. Gray inquired about the RFP that went 7 04/02/13 out in February. Diane Colonna, Executive Director of the Community Redevelopment Agency WRA), stated the property that was part of the Request for Proposal (RFP) does not include this lot. Ms. Colonna explained that this lot is south of Mellow Mushroom and the RFP was for the site between 4ch and 5`' which includes the old library building, Chamber of Commerce, and a different public parking lot. She stated this lot is identified in the Downtown Master Plan and it was in the parking study as a potential location for a parking garage. Ms. Colonna stated this is not a study of parking but is a study of the feasibility of constructing a garage on this site. She stated there is a demand for public parking on this side of town and there is a high demand for it and the City already owns the property. Mayor Glickstein asked if there has been a conceptual analysis as to whether this property can accommodate circulation required for a lot that has alley access as well as US -1 access. Mr. Majtenyi stated he believes that is encompassed in the study. Mayor Glickstein asked if there is any other City owned property on the east side of US -1 that would accommodate a parking structure. Ms. Colonna stated she does not believe there is. Mrs. Petrolia asked when the CRA was considering the library was that also a possibility of having a parking garage there too. Ms. Colonna stated the RFP for that property requires that they provide 50 public parking spaces either on that site or within 300 feet because there are approximately 80 public parking spaces on that site that will be gone once the new development is constructed. Mrs. Petrolia inquired about the cost of the service authorization $24,200. Mr. Majtenyi stated the City has a continuing contract with various consultants and they are one of the consultants of the contract. Mrs. Petrolia asked what it would take to upgrade the existing parking lot to bring it up to standards. Mr. Majtenyi stated it would be approximately $70,000- $80,000 for design and another $200,0004300,000 for the construction of the improvements (i.e. lighting, adequate drainage, landscape improvements, irrigation). Mr. Glickstein stated if the feasibility is there would this be a CRA funded project. Ms. Colonna stated this project would be partly funded by the CRA. Mrs. Gray stated with regard to the old library site if they are building something and there are not enough parking spaces would the parking spaces be available to them. Ms. Colonna stated it is possible that a contribution to building parking could be considered. Ms. Colonna stated if that would be considered the CRA would have to come back before the Commission because part of the agreement was that in the RFP the CRA would require those 50 spaces to be replaced and that they could be within 300 feet. Ms. Colonna stated with the old library RFP it might work out if the plans were well along for this to be constructed perhaps joint use could be worked out. Mr. Jacquet asked how many parking garages are there between Swinton Avenue and federal Highway. Ms. Colonna stated there is the Bob Federspiel Garage and the Old School Square Garage. Mr. Jacquet asked for clarification regarding the cost 04/02/13 of the service authorization of $24,200. Ms. Colonna stated this amount includes looking at the site, to lay out how the spaces might fit, should the CRA consider mechanical style parking of a structured garage, where would the access points take place, how many spaces could you get there, consider some funding mechanisms and a cost estimate. Mr. Jacquet asked if staff consulted anyone else who can do it for less. Mr. Majtenyi stated due to the Consultant Negotiation Act (CNA) the Commission went through a process about 11/2 years ago and short listed five (5) consultants on a rotation basis and each one has their specialty. Mr. Jacquet stated we have a major parking issue in the city and believes that perhaps that site could potentially be a good spot for a parking garage or more parking. Mr. Jacquet expressed concern over the amount of money that is being spent on consultants; however, he understands the need for more parking around downtown. Mayor Glickstein concurs with Commissioner Jacquet regarding the amount of money that is being spent on consultants. Mayor Glickstein stated this is uniquely situated for public parking because it does have alley access and Federal Highway access and it is in an area that is desperately in need of more parking. He stated that fee as a feasibility study for the scope of this work does not strike him as being unreasonable. Mr. Frankel moved to approve the Service Authorization No. 12 -03 with Kimsey -Horn and Associates, Inc. for the design of Block 117 Garage Study Project, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — No. Said motion passed with a 4 to 1 vote, Commissioner Jacquet dissenting. 10.A. REQUEST FOR PROPOSALS: FEDERAL LEGISLATIVE & EXECUTIVE LOBBYING SERVICES: Provide direction regarding the City moving forward to select a firm to provide Federal Legislative & Executive Lobbying Services. Richard Reade, Sustainability Officer, stated staff began the RFP process several months ago and they are coming back to the Commission to receive direction on how to go forward with this potential project. Mr. Reade briefly reviewed the RFP process and explained that the template agreement that would be potentially used as a foundation for the agreement with the selected vendor and the overall format. Mr. Frankel asked if because of the length we received less people bidding. Mr. Reade stated they are not allowed to speak to the vendors. The City Attorney stated staff can take a look at it and try to narrow it down but once we try to do that they are going to have to give up something in there. He stated depending on the direction that the Commission gives staff tonight they can rebid it; however, the item before the Commission this evening is just direction. The City Attorney stated staff can modify the RFP and bring it before the Commission at a Workshop meeting before it goes out if this is what the Commission wishes to do. 9 04/02/13 Mrs. Gray asked if staff only had one RFP to compare it to. Mr. Reade stated staff used a few RFP's but felt that the one in Broward met a lot of the City's needs and in the evaluation criteria it matched a lot of the language of what we needed it to say for our needs. The City Attorney stated it is up to the Commission to decide whether or not they would like staff to make some changes to the RFP in hopes of getting more responders then that would be a valid reason for not awarding the RFP. Mrs. Petrolia stated she believes that Delray Beach has given a pretty strong message that this town is not an easy town to get a bid in and feels that we might have sent the wrong message out. She suggested talking to some of the local towns and municipalities and find out what they are getting as a response for RFP's and see if we are off and it is more like people not wanting to come here to do their bid. Mrs. Petrolia stated if the lobbyist is suggesting that the 40 pages of paperwork is too much maybe he can simplify it so that we can reach out and get more response. Mr. Jacquet cautioned the Commission to not take the words of one potential lobbyist who says it is too long and he is curious to hear from others to see what it is that we can do to find the best lobbyist for the town. The City Manager stated there are a variety of different reasons why we end up having items included in an RFP mostly for the protection of the City. He stated the City's intent is to put the City in the most favorable position when it sits down to negotiate these contracts with the individuals and know what product we are actually contracting for. The City Manager stated often times you have the greatest difficulties with a contractor in uncertainties about what is the exact deal. Mayor Glickstein stated in contracts with service providers there are two components; contract language and a scope of work. Mayor Glickstein stated from his perspective the scope of work is where you have garbage in or garbage out or you have a quality scope of work where the expectations of the City and the service provider are clear and you avoid problems that way. He stated he does not want to see a situation where we are tailoring an agreement to a particular lobbyist; he believes there is some validity to the comment that using big lobbying firms for a smaller city is maybe not the direction that we go but maybe that we alienate smaller lobbying firms where we can get more personal attention. Mayor Glickstein stated the Commission would like more feedback both from cities as well as lobbyists that are dealing with these contracts on a regular basis. Mr. Peterson stated he understands there are a lot of legalities the Commission has to go through for RFP's and the insurance provisions are among the biggest things. He stated the City has excluded a large part of the lobbying community. Mr. Peterson stated lobbying more than any other RFP is the most personal services. Mr. Peterson stated one of the firms is the biggest lobbying firm in Washington, D.C. and others have a specialty in Florida communities. 10 04/02/13 Mr. Reade stated staff was very specific on some of the priorities that we had in particular grant funding, appropriations, beach renourishment and transient /sober house issues. He reiterated that staff did ask for specific information on how they were able to provide those services and this could have been a reason for people not responding as well. f Mr. Frankel commented about page 38 of the Request for Proposal and stated there are 30 Federal subject issues. Mr. Reade stated inside of the evaluation criteria and the detailed scope of work is where staff was more detailed about those issues. Mrs. Gray stated she concurs with comments expressed by her fellow Commissioners and the Mayor. However, Mrs. Gray stated with the CDBG dollars being up for grabs and she feels the taxes need to come back to the City including those from online businesses. Mr. Frankel suggested that this be discussed at the Goal Setting on April 15, 2013. The City Attorney stated this item cannot be discussed at the Goal Setting meeting. After brief discussion, it was the consensus of the Commission to give staff direction to obtain information from other cities and bring this item back on a Workshop meeting. At this point, the time being 7:20 p.m., the Commission moved to Item 10, the duly advertised Public Hearings portion of the Agenda. 11. PUBLIC HEARINGS: 11.A. ORDINANCE NO. 07 -13: Consider a privately - initiated rezoning from AC (Automotive Commercial) to PC (Planned Commercial) for Delray Marketplace (former Ralph Buick Dealership property), located at 2501 South Federal Highway. (Quasi - Judicial Nearing) The caption of Ordinance No. 07 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) AND FLADELL'S WAY (AVENUE "F "), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY 11 04/02/13 BEACH, FLORIDA, JANUARY, 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 07 -13 is on file in the City Clerk's office.) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item and all subsequent Quasi - Judicial items. 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 Clerk swore in those individuals who wished to give testimony on this item. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -083 into the record. Mr. Dorling stated this is a privately - initiated rezoning from AC (Automotive Commercial) zoning to PC (Planned Commercial) for the Delray Marketplace located on the east side of Federal Highway west of Florida Boulevard at 2501 S. Federal Highway. He stated the auto dealership moved from the site many years ago. Mr. Dorling stated this is a 6.1 acre site with three (3) existing unoccupied buildings. In 2005, Mr. Dorling stated this site was proposed for a mixed use development and rezoned from AC (Automotive Commercial) to GC (General Commercial) which included retail office and some housing units. He stated there was also an associated conditional use approval for the stand -alone townhouse component of that which received approval on April 4, 2006 from the City Commission. Mr. Dorling stated it also received a conditional use approval from SPRAB on May 24, 2006. He stated that development was never completed and in April 2008 it was rezoned from GC to AC and it continues to be AC at this time. On September 7, 2010, there was a proposal to rezone it again to GC (General Commercial) in association with a proposed Wal -Mart. Mr. Dorling stated that came to the Commission on first reading and was moved forward and the applicant withdrew the application part of the second reading. As a related item in September 2012 the City Commission adopted the South Federal Highway Redevelopment Plan which included everything from Linton Boulevard to the City limits. Mr. Dorling reiterated that this Plan adopted by the Commission suggested that rezoning from AC to PC be provided or accomplished on this site and that this site was appropriate for a commercial shopping center or mixed use development. Mr. Dorling stated one of the concerns when it was a Wal -Mart was little control over the site. He stated those concerns have been addressed with the adoption of the South Federal Highway Plan which included items like maximum tenant sizes, increased setbacks, buffering 12 04/02/13 requirements, operational restrictions on loading times and the like. At its meeting of February 25, 2013, the Planning and Zoning Board recommended approval with a 5 to 1 vote. Several people from the public spoke on a concern relating to a potential site plan that may follow for a flea market. Bonnie Miskel, 5355 Town Center Road, Suite #801,.Boca Raton, FL 33486, representing the petitioner, stated when the South Federal Highway Redevelopment Corridor carne through there are a number of residents that surrounded the area that spoke on behalf of a change and the PC was supported in in -lieu of GC because there were more restrictions and constraints enabling some of the protection that the neighbors were seeking at the time. Ms. Miskel stated this request is consistent with what was adopted last September and is more compatible with the neighboring community. She stated the property owner at the time that owns the Ralph Buick site had concerns about the recommendation that was being made to rezone from AC to PC and they were concerned about a depravation of some private property rights and they wanted to enjoy the same benefits that were being proposed for the AC across the street to allow the AC properties to continue to be AC but also enjoy PC. Ms. Miskel stated it was clearly recommended that this property be rezoned from AC to PC because of the community to the east. Ms. Miskel stated their application is consistent with the recommendations and the Redevelopment Plan adopted last September. Ms. Miskel stated not only have conditions changed from a market perspective but they have also changed from a regulatory perspective. Secondly, Ms. Miskel stated the current zoning is inappropriate as a result of those changed conditions and the proposed zoning is more consistent and compatible with the underlining land use of GC (General Commercial). At this point, Ms. Miskel stated she met with Commissioner Gray and noted that it was about a proposed use that they were discussing at the time. Ms. Miskel stated there was some discussion about a flea market and her client wishes to do a retail use. Mayor Dickstein stated if anyone from the public would like to speak in favor or in opposition of the ordinance, to please come forward at this time. Lloyd Milner, 919 Jasmine Drive, Delray Beach, FL 33483, stated he attended the zoning hearing where the Planning Director spoke and at that previous hearing he stated he was in favor of changing this to a commercial site. However, Mr. Milner stated Mr. Dorling stated he was not in approval of the flea market or anything that was similar to a flea market. Mr. Milner stated the applicant felt he could do anything he wanted once he got this rezoned and has already set up a boardwalk. Mr. Milner entered photographs into the record that was taken the other day. He urged the Commission to delay a decision on this rezoning until it is worked out. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL 33483, stated in the South Federal Highway Master Plan it calls for this site to be PC Planned Commercial). Ms. Morrison stated PC gives it more definition for a large scale 13 04/02/13 project. She stated the City's LDRs for a PC zoning still allow so many things that are not conducive to Delray Beach's lifestyle. Ms. Morrison urged the Commission that if they move forward and try to approve this tonight to put stipulations in that the LDRs have to be reviewed and updated to not allow uses that are not conducive to Tropic Isle or Delray Beach in general. 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 stated if the applicant does not want to supply a plan first on their own then the Commission could just say "no ". Dr. Kirson urged the Commission to require that the applicant show us what they got or turn them down because that will protect Tropic Isle. Bob Ledbetter, 913 Iris Drive, De1rAy Beach, FL 33483 (Tropic Isle stated Delray Place is proposing an upscale project that will make the entire city much better as opposed to a flea market. There being no one from the public who wished to address the Commission regarding Ordinance No. 07 -13, the public hearing was closed. Ms. Miskel stated there is no application for a flea market before the Commission and noted it is a conditional use approval so if they chose to do it in the future they would have to apply for that. Ms. Miskel stated at this point her client does not intend to do so. Mrs. Petrolia commented about the photographs and the number of storage sheds that are stored on the property. Ms. Miskel stated they originally met with the Tropic Isle Association members and at the time her client proposed a different type of retail and it was going to be within the buildings that are existing there today and they were going to refurbish and improve them significantly. Furthermore, Ms. Miskel stated there was going to be a key -west art like village concept. She stated they did not get much feedback from the neighborhood and those that did comment were not enthralled with it. At this point, Ms. Miskel stated the applicant wants to open and use the facility that exists there today and refurbish it and start leasing space for retail uses. Ms. Miskel stated this is not a flea market application and they are doing what they were instructed to do through the Redevelopment Plan. Mr. Dorling stated PC is the most appropriate zoning and he anticipates that the applicant will suggest that what they are doing is not classified as a flea market. Mr. Dorling stated the applicant is going to move forward with something that he believes is a flea market without having to go through the additional process other than go to SPRAB. He stated at SPRAB there would also be some safeguards that it needs to be consistent and compatible with the neighborhood. Mrs. Gray stated several years ago there was a flea market on the north end of Federal Highway and asked if adult entertainment facilities are allowed. Mr. 14 04/02/13 Dorling stated it is a category that is allowed as a conditional use appropriate in some places and not appropriate in others. Mr. Dorling stated the City does allow as a permitted use adult entertainment but it is structured to such a degree that the City does not have any and he does not anticipate getting any. Mr. Dorling stated that was formulated legally many years ago with he and the City Attorney. He stated you can open an adult entertainment establishment if you do not serve alcohol and do not tip. Mr. Dorling stated staff does not believe they are going to get any but they are a permitted use. Mr. Dorling stated this was done because legally the City is obligated to provide opportunities for them within the city. Mrs. Gray asked if this could also be done for the flea markets. Mr. Dorling stated he would have to work with the City Attorney to see if the same requirement applies. The City Attorney stated if the Commission feels that the rezoning does not meet the criteria set forth in the applicable sections of the LDRs: 2.4.5(D)(5), Required Findings 3.1.1. and 3.2.2., then the Commission can deny the request. Mayor Glickstein asked the criteria is for denial. The City Attorney stated before the Commission is just the rezoning and what the rezoning entails is if it is rezoned to PC then they are allowed the permitted uses and they are also allowed to apply for the conditional uses. Brief discussion by the Commission and the City Attorney followed. Ms. Miskel stated this Commission adopted a Plan that told them they had to go to PC. Ms. Griffin stated she believes this speculated from the Wal -Mart to protect the community and the Commission did act as a result of the Wal -Mart to protect the community and there were things in there that were not part of the standard PC previously. She stated the community was engaged in the dialogue and attended those meetings and stated they would rather have PC than AC. Ms. Griffith stated they recognize that they either need to be able to do retail as it is defined in the LDRs or come back and ask for either variances or a conditional use approval but the only thing that they are allowed to do by right is retail. Janice Griffin, Corporate Counsel for Delray Auto Investors, stated they were informed by the City that they had to rezone this property to PC. Mrs. Gray stated the public spoke about this one year ago and feels that staff needs to work on the City's LDRs. Mayor Glickstein expressed his disappointment for the lack of planning and the substitution of the lack of planning that is going on in the Planning Department. Mayor Glickstein stated he is disappointed that the Commission is between a rock and a hard place in terms of approving something that they do not want to approve because of the legality and the record that is already established. 15 04/02/13 Mr. Jacquet stated he understands there is a Plan and it states that PC is most appropriate for that location; the same Plan also mentions mixed use is best for that area with mixed retail and residential. Mr. Jacquet stated what he does not want to allow happen is what happened with a motel on South Federal Highway that the Commission denied and the applicant was still doing business even after the Commission denied the request. Mr. Jacquet stated he does not like when people come into town and start to do things before they get approval or when the Commission denies a project and they still continue doing things. Mr. Jacquet suggested that the City review the LDRs not just PC but other zoning designation as well. Mr. Jacquet stated he feels a little uneasy with this because the Commission is put in a very tough position. Mr. Frankel stated the comments made this evening about Wal -Mart are very unfair and that was not an easy decision for himself or the rest of the members of the Commission. Mr. Frankel stated he feels the Commission is bound by the law; however, he concurs with Mayor's Glickstein's suggestion that the LDRs need to be reviewed. The City Attorney stated the Commission adopted a Plan that said they would like to see PC zoning there and that is what the City asked the applicant to come back with. Mayor Glickstein stated tonight there was one speaker who spoke not necessarily against the PC but against the current intentions as demonstrated by the photographs. Mayor Glickstein asked for further elaboration on the public hearing where the decision was made by the City Commission at that time to rezone it PC and asked how we got from there to what they have now in terms of the Commission's approval of that Plan. Mr. Dorling stated it initially was a recommendation. by staff and there was a discussion of it potentially being SAD or PC and that discussion ended up with PC being the desired solution. Mr. Dorling stated it is now AC which allows auto uses and backs up against the neighborhood and commercial use and/or a mixed use would be more appropriate there than auto use. Mayor Glickstein stated there was a Chamber full of people who did not like Atlantic Plaza and asked if there were a Chamber full of people who did not want PC zoning. Mr. Dorling stated there was not a Chamber full of people that were opposed to PC zoning; it was adoption of a Plan that had several elements. Mayor Glickstein clarified that the context of that was the South Federal Redevelopment Plan it was not necessarily this property specifically like it is tonight. Mrs. Gray stated during that period of time there were several meetings concerning the zoning of all of those properties and reiterated that this is part of a Plan that the Commission adopted and feels that we should move forward with it. Mr. Dorling stated when the Plan was presented five areas were highlighted and specifically identified as changes that were an effect of this Plan. 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). 16 04/02/13 Mr. Frankel moved to adopt Ordinance No. 07 -13 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray Yes; Mayor Glickstein — No; Mrs. Petrolia — No; Mr. Jacquet — No; Mr. Frankel — Yes. Said motion was DENIED with a 3 to 2 vote, Commissioner Gray and Commissioner Frankel dissenting. At this point, the time being 8:29 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 06 -13: Consider a privately initiated Future Land Use Map amendment — small scale from MD (Medium Density Residential 5 -12 du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) for MD Now Delray Beach, located on the north side of Linton Boulevard, west of S.W. 4th Avenue at 601 Linton Boulevard. If passed, a public hearing will be held on April 16, 2013. office.) The caption of Ordinance No. 06 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM MD (MEDIUM DENSITY RESIDENTIAL 5 -12 DU/AC) TO GC (GENERAL COMMERCIAL), PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, FOR A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF LINTON BOULEVARD 660 FEET WEST OF SW 4TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND REZONING AND PLACING SAID LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AMENDING "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. 06 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. 17 04/02/13 Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately - initiated Future Land Use Small Scale Amendment and Rezoning for MD Now located on Linton Boulevard. Mr. Dorling stated the change is from MD (Medium Density Residential 5 -12 du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to GC (General Commercial) District. He stated this is a 0.49 acre property containing a single family home that was annexed into the City with R -1 -A zoning. Mr. Darling stated when the City adopted the Redevelopment Plan for the surrounding area it retained an R -1 -A zoning as a holding zone. On January 3, 2006, it was rezoned to RM and it continues to be RM at this time. At its meeting of March 18, 2013, the Planning and Zoning Board recommended approval. Staff recommends approval and positive findings are made in the staff report. Mr. Jacquet stated he would like to know the Fire Chief's opinion on second reading how that can potentially affect the ingress /egress of fire trucks. Mrs. Gray moved to approve Ordinance No. 06 -13 on FIRST Reading, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray -- Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 08 -13: Consider a city - initiated amendment to the Land Development Regulations (LDR) Section 4.4.13 "Central Business District (CBD) ", Subsection 4.4.13 (G), "Supplemental District Regulations ", Subsections 4.4.13 (G) (1), "Central Core and Beach Area Supplemental Regulations" and 4.4.13 (G)(2), "West Atlantic Neighborhood Supplemental District Regulations ", to provide for parking regulations governing call centers. If passed, a public hearing will be held on April 16, 2013. The caption of Ordinance No. 08-13 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 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT ", SUBSECTIONS 4.4.13 (G)(1) "CENTRAL CORE AND BEACH AREA SUPPLEMENTAL REGULATIONS AND 4.4.13 (G)(2) "WEST ATLANTIC NEIGHBORHOOD SUPPLEMENTAL DISTRICT REGULATIONS" TO PROVIDE FOR PARKING REGULATIONS GOVERNING CALL CENTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 18 04/02/13 office.) (The official copy of Ordinance No. 08 -13 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a City - initiated amendment to the LDRs which will require the same parking requirement for Call Centers located in the CBD commensurate with those allowed elsewhere throughout the city. Mr. Dorling stated there was a change in mid -2011 to identify by definition Call Centers and to apply parking ratio which was significantly more than a standard office facility. He noted by the nature of these facilities you can put 8 -10 people in 1,000 square feet whereas within a normal office you can put in four (4) employees to 10,000 feet. At its meeting of March 18, 2013, the Planning and Zoning Board recommended approval. Mr. Dorling stated the current regulations are one (1) space per 300 square feet within the two blocks north and south of Atlantic Avenue and in West Atlantic Avenue as well in the CBD. Mrs. Petrolia asked what this is being changed to. Mr. Dorling stated this is being changed to two (2) spaces per 1,000 square feet of gross floor area plus one space per work station as identified in the related floor plan. Mrs. Gray inquired about the spaces. Mr. Dorling stated it would be two (2) spaces per 1,000 square feet of gross floor area and then you would count the number of desks and apply space for each desk. Mrs. Gray clarified that this will include the Central Core and the West Atlantic Avenue neighborhood sections of the CBD to supply more parking spaces for a Call Center. Mr. Dorling stated in the West Atlantic area the City requires six (6) per 1,000 for restaurants and in certain other areas it is twelve (12) per 1,000. Mrs. Gray stated the City is not all parked out on West Atlantic Avenue and does not feel this should be applied right now because it is not like the Central Core downtown. Mrs. Gray suggested that the language be amended to eliminate West Atlantic Avenue and leave it as is because the problem is in the Central Core. The City Attorney stated the Commission can adopt the ordinance with the provision that the Call Centers be removed from the section regarding the West Atlantic neighborhood supplemental district regulations. Mr. Jacquet stated he agrees with the amendment as proposed by Commissioner Gray but wants everyone to keep in mind what will we do about parking when hopefully as we all want parking will become an issue on West Atlantic Avenue as well. 19 04/02/13 Mr. Frankel moved to approve Ordinance No. 08 -13 on FIRST Reading with Commissioner Gray's amendment, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:43 p.m., the Commission moved back to Item 10.B. of the Regular Agenda. 10.13. SERVICE AUTHORIZATION NO. 12 -02 /CALVIN, GIORDANO AND ASSOCIATES, INC.: Approve Service Authorization No. 12 -02 with Calvin, Giordano and Associates, Inc., in the amount of $123,382.42 for the design of S.E. 2 "d Street - Swinton -S.E. 3`d Avenue project. Funding is available from 334- 3162 -541 -68.30 (General Construction Fund: Other Improvement/ S.E. 2 "d Street — Swinton — S.E. 3`d Avenue). Victor Majtenyi, Deputy Director of Public Utilities, stated this is a request for a service authorization to Calvin Gioodano and Associates, Inc. in the amount of $123,382.42 for the design of streets on S.E. 2nd Street and S.E. 2"d Avenue and at the railroad tracks there are some improvements regarding drainage, street lighting, utilities, beautification, and a pervious parking lot of the east side of the railroad. Mr. Jacquet applauded the City and the CRA for paying some attention to that area. He stated there is a segment from S.E. 2 "d Street to S.E. 4�h Street and asked why it does not go through to S.E. 0 Street. Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated part of it is available funding because originally when the CRA was looking at doing all the improvements in the Osceola Park neighborhood there was going to be a tax assessment district that was going to pay for part of the improvements. Ms. Colonna stated there are two alleys to the south that are also going to be paved this year. Mr. Jacquet asked if there are plans in the immediate future to do that last strip to continue from S.E. 2nd Street to S.E. 01 Street. Ms. Colonna stated the CRA is doing a budget amendment now and they can look to see if there is another project that is not being done and modify this service authorization. Mr. Jacquet moved to approve Service Authorization No. 12 -02 with Calvin, Giordano and Associates, Inc. (formerly Item 9.A.), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 10.C. SERVICE AUTHORIZATION NO. 12- 06 /MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for providing professional construction management services relating to the implementation- of the Water Meter /Advanced Metering Infrastructure (AMI) System. Funding is available from 4425178- 536 -64.46 (W & S Renewal & Replacement Fund: Machinery /Equipment/ Automated Meter 20 04/02/13 Reading <AMR >) Victor Majtenyi, Deputy Director of Public Utilities, stated this is a Service Authorization to provide construction management services for the advanced meter reading infrastructure that has currently been awarded Contract 1 for the infrastructure, Contract 2 which is the installation contract for the infrastructure which is the meters and towers, servers, and the specifications that the vendor is supplying. Mr. Jacquet asked if this is the first contract that the City has given to Mathews for the meter readers. Mr. Majtenyi stated Mathews was given service authorizations for developing the Contract 1 which is the specification for the infrastructure itself and the vendor. Mr. Jacquet stated it seems that the City wants to move forward with these remote readers that you can drive down the street and be able to read. Mr. Jacquet expressed concern that the meter readers have continuously told him that they do not like them and there are too many issues with ones the City currently has on the beach. Mr. Jacquet expressed concern that this may potentially cost the City more money in the long run and give us more work to do. Mr. Majtenyi stated the City currently has the drive -by read which the City has systematic problems with and explained that this is going to be a new system and vendor and the advanced meter reading which will be using towers to transmit the information. Mr. Majtenyi stated they are not looking to eliminate any positions but this should work and satisfy the issues that the City has had. Mr. Jacquet asked if the Commission goes ahead with this there will not be anyone losing their jobs. Mr. Majtenyi stated that is not the intent and staff is always looking to reassign people for other duties that are ongoing. Mayor Glickstein asked if there is any recourse against the vendor that supplied the meters that were supposed to work that do not work based on ride by. Brief discussion by the Commission followed. Mr. Frankel moved to approve Service Authorization 412 -06 to Mathews Consulting, Inc. in the amount of $69,747.00 for professional construction administration services related to the Water Meter /AMI System Implementation (formerly Item 9.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. 10.D. WAIVER REQUESTIDELRAY PLACE: Consider a waiver request to Land Development Regulations (LDR) Section 4.4.25(C)(2), "Alternative Processing ", for the establishment of an SAD zoning district, to allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after first reading, pertaining to the rezoning of Delray Place, a proposed commercial shopping center located at the southeast corner of Linton Boulevard and South Federal Highway located at 1801 and 1845 South Federal Highway. (Quasi - Judicial Hearing) The City Attorney stated this is in two parts; the first part is a waiver request that the applicant is asking and the reason there is a sub -item is that this item 21 04/02/13 came before the Commission in January and the Commission at that time approved deferring this to a time period not to exceed May 5, 2013. The City Attorney stated the applicant is requesting that under the terms of the waiver; however, the City Attorney stated in abundance of caution he recommends that the Commission take action on the deferral as well as them making a motion prior to that saying that the Commission cannot exceed May 5, 2013. Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received an email from an attorney forwarded by Mr. Lynne representing residents of Tropic Isle. Mrs. Gray stated she had communications from Mr. Lynne asking her if she had any questions to give him a call. Mrs. Petrolia had no ex parte communications to disclose. Mr. Jacquet stated he had communication with Dr. Kirson and Mr. Lynne. Mayor Glickstein stated he received an email from Mr. Lynne to which he did not respond. Mayor Glickstein stated he found this offensive and does not think that presuming or assuming anything of an elected official is good practice and asked that it discontinue. Paul Dorling, AICP, Director of Planning and Zoning Department, entered the Planning and Zoning Department project file 92012 -059 into the record. Mr. Dorling stated this is waiver to LDR Section 4.4.25(C)(2) "Alternative Processing" the alternative processing which will allow second reading of Ordinance No. 41 -12 to occur greater than 180 days after the first reading. He stated this is for the Delray Place Shopping Center at the southeast corner of Federal Highway and Linton Boulevard. Mr. Dorling stated this was before the Commission for first reading on November 6, 2012, and a site plan was to be included as part of the SAD ordinance. He stated that was considered by the Site Plan Review and Appearance Board ( SPRAB) on December 12, 2013, and a recommendation of denial was forwarded. Mr. Dorling stated they appealed that recommendation and it was forwarded back to SPRAB for reconsideration and the appeal was dropped and the process of revisiting the site plan has occurred over the following months. On March 13, 2013, SPRAB looked at a revised plan and deferred approval on that plan with direction to the applicant to address some issues and they will not be able to get back before the original 180 day timeframe and they are asking a request to defer to no later than the second City Commission meeting in July tentatively set for July 16, 2013. He stated there were seven waivers that were either approved or received a recommendation of approval to City Commission at that time. Mr. Dorling stated the required findings under the waiver section on 2.4.7(B)(5) are identified in the report and a positive finding is made. _Jeffrey Lynne, Attorney with Weiner, Lynne and Thompson, P.A., 10 S.E. l't Avenue, Delray Beach, FL 33483 (representing the applicant), stated the process that brought everyone here tonight started a long time ago when this site was sought for rezoning and Tropic Isle residents came forth and expressed concern because they did not know what was going there. Mr. Lynne stated there are other cities that have a universal conditional rezoning process whereby any rezoning travels with the site plan and is contingent upon that and feels it would alleviate a lot of the concerns if adopted by 22 04/02/13 Delray Beach. He stated there was concern expressed about what would happen at a hearing that was continued to April of last year and the Commission suggested exploring the SAD process. Mr. Lynne stated they have had numerous meetings with Tropic Isle residents, meetings with Mr. Ron Collins who represents the property owners who live closest to the property sent Mr. Ron Hoggard an email expressing their support for what they are asking for tonight and another reason that the applicant is requesting that this be pushed back is because he is going to be out of town and out of respect for representation of his clients he wants to be at all hearings. Based on the last SPRAB hearing, Mr. Lynne stated they are down to resolving one issue; on the northwest corner the City views this as the gateway to this part of the city on Linton Boulevard and there was a bank building planned for that site and SPRAB asked that they come back and reconfigure that particular corner parcel and how that worked with parking. Mr. Lynne stated based on SPRAB's schedule and the Commission's schedule they are not going to be able to get back before the Commission by May 5, 2013 which is under the SAD code 180 days from the first reading. Mr. Lynne stated they anticipate going before SPRAB May 8, 2013 and then come before the City Commission on May 21, 2013. Therefore, Mr. Lynne requests that the Commission grant the waiver from the 180 day limitation and grant them until the second reading in July 2013 to come back to the Commission. Mr. Lynne stated they do anticipate coming back earlier than July; however, they would like the buffer room in an abundance of caution. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the waiver request for Delray Place, to please come forward at this time. Christina Morrison, 2809 Florida Boulevard 0207, Delray Beach, FL 33483 stated the developer has met with the neighbors numerous times and agrees with the neighbors that this should be extended for this project so that the developer can finish UP. At this point, there being no one else from the public who wished to address the Commission, the public hearing was closed. There was no rebuttal or cross - examination. Mr. Jacquet stated he was originally the one that made a motion to extend the time on this for April 3, 2012 six (6) months until October 3, 2012. He stated in August 2012 and it was anticipated that it would be done by September 7, 2012. Mr. Jacquet stated the Commission came back November 6, 2012 and there was supposed to be a second reading on December 11, 2012. He stated he understands the crunch of time with SPRAB needing to do their job and the May 5 '11 deadline. Mr. Jacquet asked if those extensions had been in line with what we are doing now or was that something completely different. 23 04/02/13 Mr. Lynne stated before he was involved with the project prior to the April 2012 hearing at which point a Commissioner suggested the project go to SAD similar to how it was suggested this evening for that other parcel. He stated a conceptual site plan may be developed but a site plan is not prepared to submit and because SAD requires that you submit a site plan and this takes time. Mr. Lynne stated the City said within six (6) months you need to come back with your plan and submit within six (6) months. Mr. Lynne stated the record is clear in the minutes that by six (6) months from April which is October they had to submit their complete package for SAD. He stated they thought they would get there by September 7, 2012 but in an abundance of caution they came before the Commission in August asking for a cushion of time just in case something happens just to submit which granted them six (6) months from August. Mr. Lynne stated two weeks later they submitted their application. Then, Mr. Lynne stated they went to Planning and Zoning then to first reading in November and second reading in December and SPRAB is in between. He stated most of the Tropic Isle residents are very comfortable but the ones that live closest felt that their specific needs were not being heard. Mr. Lynne stated they went to SPRAB and the Board did not recommend approval. Mr. Lynne stated they took a denial and not knowing what to do in the SAD process they filed an appeal the next day to preserve their rights and asked the City Attorney about the process and how do they fix this. Mr. Lynne stated the suggestion was to go back to SPRAB and ask for them to reconsider the denial and move forward. Mr. Lynne stated the applicant applied for reconsideration from SPRAB and they had to ask for a continuance of the December 11, 2012 reading to January 3, 2013 at that time because it was a noticed hearing and then the applicant requested that it was deferred to May 5, 2013 as determined by the timeframe set forth in the LDRs. Mr. Lynne stated the extension of the second reading the first time until May is because the SAD ordinance states you have 180 days from first reading to second reading. Mr. Lynne stated to get the plans back to SPRAB and before the City Commission it would be May 7, 2013 at the earliest. Mr. Jacquet stated if Mr. Lynne could come back much sooner and the Commission gives them two (2) months is that something that could derail the project where they could not get in front of SPRAB in time to come back. Mr. Lynne stated they are asking for two (2) months not six (6) months. Mr. Lynne stated they are asking for the second meeting in July which is two (2) months. The City Attorney stated staff put July 18, 2013 in the Board Order two months from when it would have expired in May. 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 approving the waiver request, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mrs. Gray -- Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 24 04/02/13 10.D.1. DEFERMENT REQUEST: DELRAY PLACE: Consider a request to defer the second reading of Ordinance No. 41 -12 to no later than the second City Commission meeting in July 2013 (tentatively July 16, 2013), pertaining to the rezoning of Delray Place, a proposed commercial shopping center located at 1801 and 1845 South Federal Highway. Mr. Frankel moved to defer Ordinance No. 41 -12, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein -- Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion to defer Ordinance No. 41 -12 passed with a 5 to 0 vote. 10.E. CONDITIONAL USE REQUEST/ BREATHE RESTAURANT: Consider approval of a conditional use request to Land Development Regulations (LDR) 4.3.3 (VV)(2)(a), "24 -Hour or Late Night Businesses ", to permit Breathe Restaurant to establish a 24 -hour or late night business for an existing restaurant located at 401 West Atlantic Avenue. (Quasi - Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel stated he received a telephone call and spoke to the owner, and was also present at the DDA meeting last week when this was discussed. Mrs. Petrolia stated she spoke to the owner. Mrs. Gray stated she spoke to the owner. Mr. Jacquet stated he spoke to the owner and has eaten at that restaurant. Mayor Glickstein stated the owner called him today and he told him he did not want to have an ex parte communication with him. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -103 into the record. Mr. Dorling stated this is a conditional use request to establish a 24 -hour or late night business for an existing restaurant named Breathe at 401 West Atlantic Avenue. He stated the project is part of Atlantic Grove and the Breathe Restaurant is located in the 3 -story building with commercial on the ground floor, office on the second floor and residential on the third floor. Mr. Dorling stated Breathe Restaurant occupied this space in 2011 and was previously Saki Restaurant and the request is to extend the operating hours from midnight to 2:00 a.m. seven days a week. He stated the way the Code is written is it is from the entire property boundary the blue line gives you 300 feet from the actual space; the 300 foot piece from the outside of the property line gets you into the R -1 -A and hence the requirement for conditional use approval. At its meeting of March 18, 2013, the Planning and Zoning Board made a recommendation with a 3 to 1 vote subject to conditions 1 -5 in the staff report. Mr. Dorling stated there was significant discussion whether this operated as per staff's definition of restaurant. Mr. Dorling stated the City's definition of restaurant requires that full service meals be provided at all times of operation. He stated there was concern that it potentially could be a bar. Mr. Dorling stated the City has a 750 foot separation between bars so in this location it could not operate as a bar. One of the conditions was 25 04/02/13 that we provide evidence that they are a bar and that evidence has been provided as an affidavit in the last page of the backup material. Mr. Dorling stated the concern at the Planning and Zoning level and at some of the other boards was that some of their social media sites and comments on those sites would potentially support something other than a meaning or definition of restaurants. He stated that the kitchen stays open late but there are a few more items on the dinner menu and the City's definition of restaurant requires the full dinner to be operating and in some of their social media sites there is a $5.00 cover before midnight. Mr. Dorling stated their security plan talks about two security persons checking ID's at the door usually that is not a function of a restaurant. However, Mr. Darling stated they have provided that affidavit verifying that they do and will meet the City's definition subject to the other conditions. At its meeting of March 11, 2013, the Planning and Zoning Board recommended approval with a 3 to 1 vote. The Board had concerns with lighting in the parking lot and staff did a CPTED review and that same concem was not raised at that level. At its meeting of March 13, 2013, the West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting and they did not express any specific concerns. The Community Redevelopment Agency (CRA) considered the subject property at its March 14, 2013 meeting and recommended approval subject to approval by the Condo Board and meeting the conditions of the P &Z Board Staff Report including verification that they are operating as a restaurant. At its meeting of March 20, 2013, the Historic Preservation Board (HPB) reviewed and a recommendation of approval was made to the City Commission subject to the same conditions that identified 1 -5. Mayor Glickstein stated aside from a Code Enforcement citation can the City revoke the approval to operate as requested. In response, Mr. Dorling stated he is not sure of the CRA's role in that but the same 'issue could be addressed on two issues; the Code Enforcement and from a deed restriction perspective. The City Attorney stated Code Enforcement should notify the property owner placing them on notice that they have a tenant in violation. Mayor Glickstein stated the City is relying on representations in the affidavit and if the affidavit proved to be false can they revoke the approval. The City Attorney stated there are certain things the City would have to follow in order to revoke the approval. The City Attorney stated from past experience the City would probably go to the property owner and go through Code Enforcement and start the liens notifying them that they are not in compliance. Jay Huebner Planner representing the applicant, stated this came about through Code Enforcement to begin with and Mr. Hammad owns the property. Mr. Huebner stated when Mr. Hammad bought out the property and he got a license to operate the restaurant until 2:00 a.m. However, Code Enforcement informed him that he was in violation. Mr. Huebner stated they are asking to stay open between 12:00 and 2:00 a.m. He stated went to the Condo Board and got their approval saying that they have approved the operation of this restaurant until 2:00 a.m. Mr. Huebner stated there was several discussions about loud noise and noted there is a noise ordinance that is also 26 04/02/13 coming out; there is no live bands at this restaurant; their access is on Atlantic Avenue; the condo building is retail on the first floor; office space on the second floor; and the residential is on the third floor so there is a buffer between this establishment and the resident on the third floor. The restaurant is a full menu restaurant and is fully operational until when they close. Mr. Huebner stated this item has been heard and approved by the Downtown Development Authority (DDA), the West Atlantic Redevelopment Coalition (WARC), the Community Redevelopment Agency (CRA), the Historic Preservation Board (HPB), and the Planning and Zoning Board. Mr. Hubner stated being four blocks west of Swinton Avenue it is difficult to compete with the other restaurants in the downtown area. Mr. Hammad has a Mediterranean international feel to his restaurant and tries to draw crowds by having live entertainment within the restaurant. From a security point of view, Mr. Hammad met with the Police Department early on and received direction on what to do and all the appropriate measures have been put into place. Mike Hammad, owner of Breathe Restaurant (has been in Delray Beach for 20 years), and the previous business the Saki Lounge was open for 3 years until 2:00 a.m. and he applied from 11:00 p.m. — 2:00 a.m. on his occupational license. Mr. Hammad stated 11/2 years later the Code Enforcement Board requested that he comply within seven (7) days. He stated he hired a planner and a lawyer to bring the deed up -to -date. He stated for an ordinary person to do this is not fair and if the zoning people made a mistake from the beginning they should have asked him before he invested a dollar in this building. Mr. Hammad stated this is a $2.5 million project and he has lost $750,000 to stay open. Mayor Glickstein stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come forward at this time. Carol Anderson, 1441 East Bexley Park Drive, Delray Beach, FL 33445, stated she had a wonderful time at the restaurant and they were serving food until 10:30 p.m. Ms. Anderson stated this restaurant is an asset to the neighborhood and the city. Jamil McKlein 129 S.E. 7t11 Avenue Delray Beach FL 33483 stated he is soon to be a new business owner in Delray and it has been approximately 5 years where it has been zoned as one place. Mr. McKlein stated he is opening a new boxing /fitness gym to the City of Delray Beach. He stated there are zoning issues throughout the city and this is something that needs to be addressed. Patricia Clem, Physician in Boca and resident of Delray Beach, supports the restaurant and stated she has been there on numerous occasions for lunch, dinner, and after hour meals. For clarification, Mr. Dorling stated the Saki Lounge established themselves in 2005 and they were told that they needed to get the same conditional use. He stated they did submit that and the application was not complete and was returned to 27 01/02/13 the applicant. In 2006, Mr. Darling stated that applicant never came back to the City. Mr. Dorling stated Mr. Hammad came into the City and got an occupational license from the Building Department and it did have hours of operation on it and there was a note put on there that operation after 12 needed to get Planning and Zoning approval but the applicant did not come in. Mr. Dorling stated the Police talked with him and he then came in the Planning and Zoning office and staff has expedited it for him. Mr. Dorling stated the other people were operating until 2:00 a.m. and staff has noted there is a history that is not problematic. Brief discussion between Mr. Dorling and Mrs. Gray followed. Mrs. Gray asked if there has been any type of instances at this location. In response, Chief Strianese stated there was one call for service in 11/2 years. Mrs. Gray stated she supports this restaurant being open until 2:00 a.m. Mr. Jacquet urged the Commission to support this business because he stated if we want to see the development in Delray Beach this is the type of business we need to be encouraging especially for West Atlantic Avenue. Mr. Frankel stated there is one other restaurant in Delray besides this one that charges a cover charge and noted he is trying to fit this in the definition of a restaurant. Mr. Jacquet stated competition with east downtown is fierce and feels that the hookah and themed nights is a way for the owner to attract people to his restaurant. Mr. Jacquet stated in order to attract people there you need to have something more than just great food. Mrs. Petrolia stated she believes the owner is operating as a restaurant and concurs with comments expressed by Commissioner Jacquet where it is difficult for the owner to attract certain clientele. Mrs. Petrolia stated when you go to a dinner theatre you are eating dinner and have to pay a cover to get in there too. She stated there is some entertainment involved here too and feels that is the difference. Mr. Jacquet moved to adopt the Board Order subject to the conditions attached to Exhibit "A ", seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray -- Yes; Mayor Glickstein — Yes. Said motion was approved with a 4 to 1 vote, Commissioner Frankel dissenting. IO.F. RECENT NOTICE OF AUDIT REGARDING COMMUNITY REDEVELOPMENT AGENCY (CRA) FUNDING (ADDENDUM) Mayor Glickstein stated he welcomes the transparency and any opportunity to talk about what the City does here. The State's Audit Committee should know that they will have the City's full cooperation. Mayor Glickstein stated as Mayor he has a duty as steward and defender of the City's cultural and economic drivers and 28 04/02/13 believes the Arts Garage to be a worthy non- profit economic driver. Mayor Glickstein stated he fully supports the CRA and its Board in their support of this evolving and relevant organization. Mayor Glickstein read a brief statement into the record. Mayor Glickstein stated with regard to the lobbying contract there is an inherent conflict of interest and requests information on that contract by the next Commission meeting. The City Attorney asked for direction from the Commission on the public record's request and the letter to Senator Abruzzo and Senator Clemens stating that the City is going to be open and available for comment. The City Attorney stated staff can draft something for the Mayor's signature. It was the consensus of the Commission to direct the City Attorney to draft a letter to Senator Abruzzo and Senator Clemons stating that the City is open and available for comment and bring those back before the City Commission at the next meeting and that the Mayor review before the letters are sent out. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. D.A. City Manager With regard to Mr. MacNamee's comments regarding transparency, the City Manager stated he will be looking at how the City does business in general and all the actions that we do are subject to the highest standards of ethics and that they will stand scrutiny under any condition. Secondly, with regard to the consultant issue, the City Manager stated the City has an exceedingly talented staff; however, they cannot do everything. The City Manager stated consultants are a way that we can supplement our talents and abilities. He stated consultants are used for a specific task that exceed staff's abilities and is a way to help staff help the Commission to make better decisions. The City Manager congratulated Mayor Glickstein, Commissioner Petrolia, and Commissioner Adam Frankel on his re- election and he looks forward to working with the City Commission. Mayor Glickstein stated in addition to the transparency the public records requests are critically important. Mayor Glickstein stated in responding to public records requests he would like to see the City provide more information rather than trying to be limiting in the information because it immediately engenders suspicion and innuendo when that information is not forthcoming. U.B. City Attorney The City Attorney stated the proposed sober house legislation did pass the Senate Committee and staff might have to make some modifications to it. The City 29 04/02/13 Attorney stated the City lobbyist is recommending that the City look at more of a registry rather than a license. O.C. City Commission U.C.I. Mr. Frankel Mr. Frankel apologized to Mr. Chapman for not including him on the email from Mr. Warner about the master calendar. Mr. Frankel stated the Chamber of Commerce used to have a website where you could go to the calendar and knew everything that was going on. He stated there needs to be one place where everyone can go to see what is happening in the city. Secondly, Mr. Frankel stated he has heard complaints from the downtown merchants and restaurateurs about closing the streets during events and festivals particularly in season. He stated the merchants and restaurateurs are not happy and suggested that this be discussed at a Workshop meeting. 13.C.2. Mrs. Gray Mrs. Gray requested an update or information regarding the Delray Beach Sports Exhibitors because they had an issue last Sunday. She stated they have been playing football by one of the City parks on S.W. 10th Avenue next to Pine Grove Elementary School for about two months and they have outgrown their expectations of what is going on. Mrs. Gray stated there was between 400 -600 people there and they are going to need help with policing. She stated the City does not want to shut them down as what happened on Sunday so she would like to know if everyone can work together to find a solution to this because this helps keep the kids off the streets and they are doing something constructive. The City Manager stated staff is already working with them and he has the assurance of the Chief of Police that staff will get them permitted properly and deal with the parking issues that the neighborhood has incurred over the past couple of weeks. The City Manager stated the activity will be able to continue and it will be properly policed with minimal impact on the neighborhood. Mrs. Gray asked who would be responsible for obtaining a permit. The City Manager stated there is an organizer who has been in contact with the Police Chief regarding the permit. The City Manager explained that there were some minor incidences but nothing of any consequence with the primary organizers. Furthermore, the City Manager stated with 400 people in attendance there were only two people who were arrested and that had nothing to do with the sporting activity. Mr. Jacquet stated that was in a span of over a two month period. The City Manager reiterated that it has been a relatively event -free activity other than the core activity. Mr. Jacquet stated this program is very positive for the youth. 30 04/02/13 13.C.3. Mrs. Petrolia Mrs. Petrolia stated she has talked to many people who have wondered why the City's beach cabana contract was renewed without a bid process. In 2012, the City Manager apparently without the approval of the Commission unilaterally exercised an option to extend that existing contract for an additional three years at $170,000. Mrs. Petrolia asked for the consensus of the Commission to place the beach cabana contract on the next regular meeting agenda so the Commission can consider their options on the agreement on a go forward basis. Mayor Glickstein stated he would like to see this discussed at a Special meeting or a Workshop meeting which is really focusing on the City's local rules regarding procurement in general which would mean an inventory of all the City's contracts in particular the ones that are on automatic renewal. He stated there are a number of contracts that are long overdue for re- bidding and stated the one contract that Commissioner Petrolia is speaking about in particular since it is revenue generating and not an expense that it be part of that discussion. 13.C.4. Mr. Jacquet Mr. Jacquet welcomed the new City Manager. Secondly, Mr. Jacquet stated this past Saturday 50 bike riders took a quick tour of Delray Beach starting in front of City Hall rode down and MLK Drive to N.W. 12th Avenue and went across to S.W. 12th on 10"' on Swinton Avenue. They toured the Sandy House and made their way through the Osceola Park neighborhood across the bridge on Linton Boulevard to A -1 -A and went down Atlantic Avenue and ended at Veteran's Park. He encouraged everyone to stay active and they will be having this again soon. 13.C.5. Mayor Glickstein Mayor Glickstein commented about the email regarding Bexley Park and stated he spoke to the City Attorney about this and what the legality of this is and that the City does not really have standing to intervene. However, Mayor Glickstein stated the reason he is commenting on this is because this was an RFP where the City selected the builder and there are construction defects which are in litigation now. He stated there are a lot of first responders, teachers, and City employees that live in Bexley Park and he would be happy to sign a letter to the builder that the City's expectations were different than what we are seeing and there are many unhappy residents. Mayor Glickstein stated the builder has a higher responsibility to respond than a smaller company. It was the consensus of the Commission to support Mayor Glickstein's recommendation. Secondly, Mayor Glickstein stated at the Organizational meeting the Commission discussed the Goal Setting and supports Commissioner Frankel, Commissioner Gray, and Commissioner Jacquet regarding the productivity of that Goal Setting. Mayor Glickstein stated he has reservations because the City has no contract 31 04/02/13 with the facilitator and is uncomfortable that there is no defined scope of work in terms of what this is supposed to be. Mayor Glickstein stated in talking with the City Attorney he hopes that can be worked out although the number that he heard is approximately $15,000 and questions whether or not this facilitator is really needed at this expense especially since the City of Delray Beach is on the heels of a Visions 2020 process by which we will see the results of that within the next month. Mayor Glickstein stated if the City is looking to set goals before seeing the outcome of that he feels this may be putting the cart before the horse in terms of what the people of the city are looking for. Lastly, Mayor Glickstein stated there has been a lot of discussion about re- establishing the City's Town Hall meetings which were done away with. Mayor Glickstein stated he would like to see something scheduled the mid part of May which would also reflect the Visions 2020 Plan. Mrs. Gray stated this meeting with Lyle Sumek is very important for the City and agrees that Visions 2020 Plan has addressed some of the issues that came from the community which came from a small group of people which was guided in that. She stated the Goal Setting is very important and is useful. Mrs. Gray stated the Commission planned this a year ago and feels they should still go through it. After brief discussion, Mayor Glickstein stated he is not suggesting that the Commission do away with Goal Setting; however, he expressed concern over the timing and he would like to see specific information on what the expectations of the facilitator are. Mr. Frankel stated he is still in favor of the meeting with Lyle Sumek. With regard to the proposal to reinstitute the Town Hall meetings, Mr. Frankel suggested having one or two a week in each community meeting versus once or twice a year. Mayor Glickstein stated with regard to the Goal Setting the facilitator has already met with Department Heads and the Commission is scheduled to meet April 15, 2013. The City Attorney stated there is a draft agreement in place and asked if the Commission would like him to bring the agreement before them at the next Workshop meeting with the same fee of $200/hr. and noted there is a scope of work in it. The City Attorney asked the Commission if they would like staff to bring this forward as a special item so they could vote to approve it or do they just want to give direction at that time. Mr. Glickstein suggested deferring to staff to finalize the contract. Mr. Jacquet agrees with comments expressed by Commissioner Frankel that the Commission take it to the people and go to different neighborhoods because he feels that by holding the Town Hall meetings at one place such as Old School Square the Commission will see the same faces. After brief discussion, it was the consensus of the Commission to proceed with the Goal Setting meeting on April 15, 2013 subject to what they see in the agreement. 32 04/02/13 There being no further business, Mayor Glickstein declared the meeting adjourned at 10:53 p.m. ATTEST: YOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 2, 2013, which Minutes were formally approved and adopted by the City Commission on May 7, 2013. Z�4'� '�). \\� \�'� 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. 33 04/02/13 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH; FLORIDA CONDITIONAL USE REQUEST FOR BREATHE. RESTAURANT AT 401 WEST ATLANTIC. ORDER OF THE CITY COMMISSION. OF THE CITY OF DELRAY BEACH, FLORIDA 1.. This conditional Use request has come before the City Commission on April 2, 2013. This conditional use. request is to; establish, a 24 -hour or late night business for Breathe Restaurant located at 441 West Atlantic Avenue. 2. • The City staff, applicant; and other persons have presented documentary evidence: and testimony to the City Commission' pertaining; to the conditional use request for Breathe Restaurant, Ali of the evidence is a part of the record in this case. Findings that are required pursuant to L.D.R. 8ection.3.1.1:are made in Sections I and 11 below- 1. COMPREHENSIVE PLAN a. Comprehensive Plan — Housing Element Policy A -11:3: This objective requires the City shall consider the effect.that the proposal will have. on the stability of nearby neighborhoods. Factors such as noise odors dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the; safety, habitability and stability of residential areas. If it is determined that a. proposed development will result in a degradation of any neighlJOrhovd, the project shall be modified accordingly or "denied. Is this policy met? Yes 4 No 1 b. Future Land Use Map: The resulting use of land or structures' must be allowed in the zoning, district within which the land is situated and said zoning must b.e consistent, with the applicable land use designation as shown on the Future Land Use 1 City Commission Meeting on April 2, 2093; Item 90.E. (formerly Item 90.113) Map. The subject property has a Future Land Use: Map designation of General Commercial (GC): and is .zoned Planned Commercial (PC): Future! Land Use Is project's proposed location consistent with the Future Land Use Map? Yes 5• No 0 C. Concurrence: 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 7.2 of the Land Use the Comprehensive Plan must be friet and a determination made that the publ c 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, parka open space, solid waste and ,schools? Yes 5 No 0. d, Consistency_: Wilf the granting of the conditional use be consistent with ,and further: the goals and policies Of the Comprehensive. Plan? Yes 5 No 0 IL LDR REQUIREMENTS. a, Section 2'.4.5(E)(5) requires certain findings: The conditional use will not 'i Have a signifcantly detrimental effect. upon the stability of the neighborhood within which i-t will be located;, 2. Hinder, development or redevelopment of nearby properties. 2, City Commission Meeting on April 2,2013; Item 10.E. (formerly Item 10.B) I Has this requirement been met? 4 Yes I No The City Commission. has applied the Comprehensive Plan and L DR requirements inexistence at the time 'the: conditional use anplication,was submitted_ 4. The City Corrtmission ands there! is ample; and competent substantial evidence to support its findings in the record .submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings.. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "N and, hereby adopts this Order this 2nd day of 4 in favor and 1 opposed. ATTEST: Chevelle Nubin City Clerk 3 2013, by a vote of in, Mayor City Commission Meeting on April 2, 2013; [tern 10.E. (formerly [tern 10.13) EXHIBIT ``A" Conditions. Related to the Conditional Use Request for Breathe Restaurant: 4. That a WI V or camera ;is installed both outside and. inside, : Mth: a revised floor plsn and site plan indicating their locations; 2 That;confirmation that security will patrol until IOU a.m, be provided';. 3..: That: confirmation be prgVrded by tie applicant that the consumption of alcoholic beverages.on the premises, after QO a:m is prohibited; 4: That no music aT outdoor spealte'rs vylll be allowed outside the b0ilding or tenant space; 6. That;any live music:will stop by midnight, on all nights of theweek, anti, 6. That: ther owner provide sufficient evidence that "Breathes operates as a restaurant and meets the definition of restaurant, during all lours of operation, prior t0, consideration of the request by the City Gbmmissian. City Commission Meeting on April 2, 2013; Item 10.E. (formerly Item 10.13)