05-07-13 Regular Meeting MinutesMAY 7, 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, May 7, 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 the Rev. Canon William H. (Chip)
Stokes with St. Paul's Episcopal Church.
3. The Pledge of Allegiance to the flag of the United States of America was
given.
4. APPROVAL OF MINUTES:
Mr. Frankel moved to approve the Minutes of the Special Workshop
Meeting of March 14, 2013, seconded by Mrs. Petrolia. 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.
Mrs. Petrolia noted a typographical error to the motion approving the
Consent Agenda and stated the Minutes reflect that Mrs. Gray made the motion and
seconded the motion.
Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of
April 2, 2013, seconded by Mr. Frankel. 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. Petrolia moved to approve the Minutes of the Special Workshop
Meeting of April 9, 2013 — Special /Workshop Meeting, seconded by Mrs. Gray. 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
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to 0 vote.
5. PRESENTATIONS:
5.A. S.P.I.R.I.T. (Service, Integrity, Responsibility,
Innovation, Teamwork) Committee Quarterly Awards Presentation
Kim Wynn, Agenda Coordinator, gave a brief presentation for the third
quarter S.P.I.R.I.T. award winner Officer Marques Brown, Police Department.
6. Comments and Inquiries on Agenda and Non - Agenda Items from the
Public Immediately Followine Presentations
6.A. City Manager's response to prior public comments and inquiries.
In response to Ms. Anderson's comments from the previous regular
Commission meeting, the City Manager stated staff understands that there are some
instances where people move chairs along the five foot pedestrian access way. The City
Manager stated he believes there is an inspector out there all the time. The area is an area
where people congregate and it is possible through no fault of the restaurant owners that
pedestrians may have difficulty getting through at some point. He stated the City is
aware of the situation and police it, and will continue to police it. The City Manager
stated the City will continue to address any major violations that occur along Atlantic
Avenue and monitor the annual renewal process and make sure people are not in
violation of the regulations.
Secondly, in response to Dr. Kirson's comments from a previous
Commission meeting about an immediate five (5 %) percent raise, the City Manager
stated he will not be making that recommendation at this point during the budget year.
6.B. From the Public.
63.1. Steve Blum, 115 Venetian Drive #C, Delray Beach, FL 33483, stated
the Delray Beach Annual Citizen Survey is now available online. Mr. Blum read a brief
statement into the record. Mr. Blum stated he found this report false in its conclusions,
lacking in its comparisons, and almost 100% void of new information. He made
reference to page 35 — civic engagement. Mr. Blum stated after reading this survey he
feels the City wasted $11,200.00 and suggested that it be eliminated from the budget.
6.B.2. Carole Anderson, 1441 East Bexley Park Drive, Delray Beach, FL
33445 (speaking as the Outreach Director of S.A.F.E.), distributed a handout to the
Mayor and the City Manager. Ms. Anderson thanked the City Manager for his response
to her earlier concerns. She stated there is a parking meter on A -1 -A and suggested that
the City consider in voting the 2010 single head coin gobbling parking meters along A -1-
A with twenty (20) multi -space meters. She stated the estimated cost of conversion is
$220,000. Ms. Anderson suggested that the City substitute twenty (20) instead of 210
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multi -space meters with printouts that you take and put on your dashboard, not only
would there be fewer ugly meters around but there would be more options for people who
park as they could use either credit cards, coins, or a City parking card. Ms. Anderson
stated she has been informed that these funds could be taken from the in -lieu account and
that they could be funded out of future increased parking revenue.
6.B.3. Andy Katz, 220 S. Ocean Blvd., Delray Beach, FL 33483, President of
the Beach Property Homeowners Association (BPOA), distributed photographs of the
meters to the Commission and congratulated the new members of the Commission and
wished everyone great success. Mr. Katz explained that the meters interfere with the
normal use of the sidewalk. He stated people use this sidewalk because of the ocean
view, the breezes, and from a safety aspect this is a long continuous sidewalk with no
cross - streets, no lights to wait for, and no driveways where people are backing out. Mr.
Katz stated the City collects in all of the parking areas of the City a little over $1.4
million; $1.2 million comes from the beach area.
6.B.4. Jim Smith, 1225 S. Ocean BIvd., #202, Delray Beach, FL 33483
(Chairman of S.A.F.E.), stated S.A.F.E. had a meeting with Mr. Katz, Bob the architect
and Vice President of the BPOA, and Fran Marincola. Mr. Smith stated they talked with
Secretary Wolfe who is the number one person at FDOT and the July meeting will be
hosted by the new City Manager. Mr. Smith stated they had no objection to replacing the
meters. Mr. Smith stated Joe and Nancy Schneider asked him to mention to the
Commission that Green Implementation Advancement Board also supports the idea of
changing out those meters and it is a safety issue and it would widen the sidewalk by two
feet.
6.B.5. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane_ #2110, Delray
Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray
Beach and Member of the Alliance), briefly discussed the City's fiscal responsibility to
its taxpayers.
6.8.6. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33445, asked
the City to look into why the garbage can in the front of the library was moved and not
replaced. Ms. Moody stated there has been a lot of trash in front of the library that has
not been picked up. She stated instead of people paying the meters she suggested that
they use the parking garage on Sundays and that the City charge a fee for the garages.
Ms. Moody stated all the businesses should be parking for free and the garages should be
utilized by employees of these businesses.
6.B.7. Tom Carney, _82.8 Eastview Avenue, Delray Beach, FL 33483,
expressed concern regarding the shortening of the Quasi - Judicial Hearing presentation
times from twenty (20) minutes to ten (10) minutes. Mr. Carney stated this is a way a
government can provide transparency to its citizens and urged the Commission to
reconsider shortening the time for these presentations.
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6.B.8. Neal Schiller, Attorney with Becker & Poliakoff, 3111 Stir ns Road,
Fort Lauderdale, FL 33456, commented on the recommendation to cancel the Request
for Proposal (RFP) for Federal Lobbying services and suggested that the City re- advertise
for a lobbyist to deal with the City's sober house issue. Mr. Schiller suggested that the
City move forward with the RFP as it is today for general Federal representation and
once the City selects a Federal lobbyist to make dealing with sober houses their number
one task and try to pass legislation or pass rules to implement stricter standards for sober
houses particularly in Delray Beach. Mr. Schiller stated in addition to the sober house
legislation there are a number of Federal opportunities for grants and other economic
development tools that the lobbyist can help the City with.
6.B.9. Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, commented about there being over $1.5 million of expenditures on the Consent
Agenda. Ms. Morrison echoed comments expressed by Mr. Carney about the ten (10)
minute limit. She stated she understands that ten (10) minutes would be acceptable for
many submittals but for one of the large class site plan changes ten (10) minutes would
not do justice to all the nuances that go into the larger class site plans. Ms. Morrison
recommends having the ten (10) minute limit for smaller site plans but keep the twenty
(20) minutes for the larger class site plans because it would do a great injustice to the
City to do a partial presentation of such a large project.
6.B.10. Jim Knight 10 S.E. 1St Avenue. Delray Beach FL 33444 commented
about the article in the Sun- Sentinel today about the amount of crime more so in Delray
Beach than in Boynton Beach and Boca Raton. Mr. Knight stated it is really a joint effort
between the police and the citizens to help monitor this. He stated with some of the new
housing it will be a way to help generate tax dollars and help pay for the additional police
force as well as put additional eyes on the street.
Secondly, Mr. Knight commented about the reduction in parking on
Federal Highway and he urged the City to look into this.
6.B.11. Michael Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. 1St
Avenue Delray Beach FL 33444 stated with regard to the Quasi - Judicial Hearings if
the Commission is thinking of decreasing the amount of time one of the things that would
be important is to make sure that staff has the reports which are 1 -2 business days before
the hearing. Mr. Weiner stated if the Commission is looking for the packets to be larger
and for information to be in their packets, for any applicant to respond and for the
Commission to have the opportunity to read it, 1 -2 business days would not be sufficient
time to respond. However, Mr. Weiner stated if these things were seven (7) days in
advance then there would be an opportunity to at least address the issues in the staff
report, produce the appropriate paperwork, and put it into the Commission packets before
they receive them. Mr. Weiner suggested that if the Commission does decide they want a
shorter period of time than twenty (20) minutes then give the opportunity to an applicant
to respond to a staff report.
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7. AGENDA APPROVAL.
Mayor Glickstein requested that Item 8.I., Service Authorization No. 12-
04/Kimley -Horn and Associates, Inc. be moved from the Consent Agenda to the
Regular Agenda as Item 9.A.A. and Item 8.J., Amendment No. 2 to the Interlocal
Agreement /Community Redevelopment Agency (CRA): Funding of Construction
Professional Services as Item 9.A.A.
Mr. Jacquet requested that Item 8.K., Reject All Bids For Osceola Park
Alleys -Phase I Project be moved from the Consent Agenda to the Regular Agenda as
Item 9.A.A.A.A.
Mrs. Gray requested that Item 8.N., Community Development Block
Grant (CDBG): Mary Wright be moved from the Consent Agenda to the Regular
Agenda as Item 9.A.A.A.A.A. and Item 8.T., Proposed Change To The Commission
Rules Of Procedure be moved from the Consent Agenda to the Regular Agenda as Item
9.A.A.A.A.A.A.
Mrs. Petrolia moved to approve the Agenda as amended, seconded by Mr.
Frankel. 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.
8. CONSENT AGENDA: City Manager Recommends Approval.
8.A. RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve
and ratify the actions of the South Central Regional Wastewater Treatment and Disposal
Board at their Quarterly Meeting of April 18, 2013.
S.B. FINAL SUBDIVISION PLAT APPROVAL /SOUTH COUNTY
COURTHOUSE COMPLEX EXPANSION: Approve a final plat for a 3.827 acre
subdivision known as South Courthouse Complex Expansion for the property located 200
West Atlantic Avenue.
8.C. RESOLUTION NO. 27 -13: ABANDONMENT OF EASEMENT:
MIDTOWN DELRAY SUBDIVISION: Approve Resolution No. 27 -13 to abandon a
94.41 foot portion of a 20' wide utility easement located within the plat of Midtown
Delray Subdivision.
The caption of Resolution No. 27 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING A PORTION OF A UTILITY
EASEMENT DEDICATED TO THE CITY OF DELRAY
BEACH BY AN EASEMENT DEED RECORDED IN
05/07/13
O.R.B. 8532, PAGE 28, AS MORE FULLY DESCRIBED
IN EXHIBIT "A '.
(The official copy of Resolution No. 27 -13 is on file in the City Clerk's
office.)
8.D. CONTRACT CLOSEOUT _ (CHANGE ORDER NO.
1/FINAL)/INTERCOUNTY ENGINEERING, INC.: Approve Contract Closeout
(C.O. No. 1 /Final) in the amount of $21,082.79 decrease and final payment in the amount
of $19,390.76 to Intercounty Engineering, Inc. for completion of the Lift Station 100A
Upgrade Project. Funding is available from 442 - 5178 -536 -69.29 (Water /Sewer Renewal
& Replacement Fund: Water & Sewer Trans /Storage Project/Lift Station 100A Capacity
Upgrade) and 442 - 5178 - 536 -64.90 (Water/ Sewer Renewal & Replacement Fund:
Machinery/Equipment/Other Machinery /Equipment).
8.E. CONTRACT CLOSEOUT (CHANGE ORDER NO.
2/FINAL)/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Approve a
Contract Closeout (C.O. No. 2/Final) in the amount of $19,980.77 decrease and a final
payment in the amount of $74,339.75 to Randolph & Dewdney Construction, Inc.
for completion of the Fire Station No. 1 Storm Hardening Project. Funding is available
from 118 - 1962 - 554 -62.89 (Neighborhood Services: Capital Outlay /Fire Station 41) and
118 - 1962 - 554 -64.90 (Neighborhood Services: Capital Outlay /Other Machinery/
Equipment).
8.F. DEVELOPERS AGREEMENT/ 116 N.E. 7TH STREET: Approve
a Developers Agreement with Gaetan Richards for an in -lieu of sidewalk
installation along N.E. 2nd Avenue for the property located at 116 N.E. 7t' Street.
8.G. RIGHT OF WAY DEED ACCEPTANCE /46 S.W. 9' AVENUE:
Accept a right -of -way deed for the west alley associated with the Community
Redevelopment Agency (CRA) Parking Lot located at 46 S.W. 9th Avenue.
8.H. SERVICE AUTHORIZATION NO. 12- 02.1 /CALVIN, GIORDANO
AND ASSOCIATES, INC.: Approve a Service Authorization No. 12 -02.1 with Calvin,
Giordano and Associates, Inc., in the amount of $17,648.70 for additional design services
for the S.E. 2nd Street — Swinton — S.E. 3rd Avenue Project. Funding is available from
334 - 3162 - 541 -68.30 (General Construction Fund: Other Improvement/ S.E. 2nd Street —
Swinton — S.E. 3rd Avenue).
8_I. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.
8_J. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.
8.J.1. SERVICE AUTHORIZATION NO. 12 -02/ WANTMAN GROUP,
INC.: Approve a Service Authorization No. 12 -02 with Wantman Group, Inc., in the
amount of $149,201.00 for the design of N.E. 2nd Avenue /Seacrest Beautification
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Project; contingent upon approval of Amendment No. 2 to the Interlocal Agreement with
the Community Redevelopment Agency (CRA) for Funding of Construction Professional
Services. Funding is available from 334 - 3162 - 541.68 -78 (General Construction Fund:
Other Improvement/ N.E. 2nd Avenue /Seacrest Beautification).
8.K. REJECT ALL BIDS FOR OSCEOLA PARK ALLEYS- PHASE 1
PROJECT: Approval to reject all bids for the Osceola Park Alleys — Phase 1 Project,
and proceed with re- advertising the project for bid.
8.L. RESOLUTION NO. 26-13: Approve Resolution No. 26 -13; supporting a
Statewide ban on texting while driving.
The caption of Resolution No. 26 -13 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA SUPPORTING
A BAN ON TEXTING WHILE DRIVING; PROVIDING
AN EFFECTIVE DATE.
(The official copy of Resolution No. 26 -13 is on file in the City Clerk's
office.)
8.M. SUBORDINATION AGREEMENT /COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG): MARY WRIGHT: Authorize and
approve subordination of the City's second mortgage in the amount of $22,855.35 to
allow the applicant, Mary Wright to modify her mortgage to reduce her monthly note and
interest rate.
8.N. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.A.A.A.A.A.
8.0. AMENDMENT NO. 1 TO THE FUNDING
AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY
(CRAVECONOMIC DEVELOPMENT DIRECTOR POSITION: Approve
Amendment No. 1 to the Funding Agreement with the Community Redevelopment
Agency (CRA) regarding the funding of the Economic Development Director position;
contingent upon approval of the Community Redevelopment Agency (CRA).
8.P. INTERLOCAL AGREEMENT/ COMMUNITY
REDEVELOPMENT AGENCY (CRA): Approve an Interlocal Agreement with the
Community Redevelopment Agency (CRA) to install plaque bases at The Elizabeth
"Libby" Jackson Wesley Plaza located at 2 S.W. 5d' Avenue.
,80. CHANGE ORDER TO PURCHASE AWARD TO OTTO
ENVIRONMENTAL SYSTEMS: Change order to purchase award to Otto
Environmental Systems from $50,000.00 to $56,930.00 for additional hot stamped
garbage carts, lids and wheels to be ordered "as needed ". Funding is available from 433-
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3711 -534 -49.90 (Sanitation Fund: Other Current Charges).
8.R. STATE HOMELAND SECURITY GRANT AGREEMENT: Approve
an Agreement with the Florida Department of Financial Services in the amount
$14,765.00 to accept the 2012 Domestic Preparedness Grant from the State Homeland
Security Grant Program to sustain equipment and training for hazardous materials
incidents and incidents involving weapons of mass destruction.
8.S. RESOLUTION NO. 28 -13: Approve Resolution No. 28 -13; provide
authorization for the City Manager, Assistant City Manager, Director of Finance and the
Assistant Director of Finance to open accounts, endorse checks, withdraw or transfer
funds on behalf of the City of Delray Beach at any bank or financial institution.
The official copy of Resolution No. 28 -13 is on file in the City Clerk's
office.
8.T. PROPOSED CHANGE TO THE COMMISSION RULES OF
PROCEDURE: Approve a proposed change to the Commission Rules of Procedure for
quasi-judicial hearings to provide that the parties, City and applicant, shall each have 10
minutes to present their case rather than 20 minutes for each side.
S.U. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period April 15, 2013 through May 3, 2013.
8.V. PROCLAMATIONS:
1. Recognizing Carolyn L. Gholston posthumously
2. Better Hearing Month — May 2013
3. National Day of Prayer -- May 2, 2013
4. Municipal Clerks Week — May 5 -11, 2013
5. National Kids to Parks Day -- May 18, 2013
6. National Safe Boating Week — May 18 -24, 2013
8.W. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Florida Door Control of Orlando, Inc. in the
amount of $22,974.00 to expand the current security system for the
Police Department's Access Control System. Funding is available
from 334 - 2111- 521 -63.90 (General Construction Fund: Capital
Outlay /Other Improvements).
2. Contract award to Mancil's Tractor Service, Inc., in the amount of
$976,734.32 for construction of the S.W. 2nd Street Beautification
Project. Funding is available from 334- 3162 - 541 -65.95 (General
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Construction Fund: Capital Outlay /S.W. 2nd Street Beautification)
and 448 - 5461 -538 -65.95 (Storm Water Utility Fund: Other
Improvements /S. W. 2nd Street Beautification).
3. Contract award to Hinterland Group, Inc. in the amount of
$29,750.00 for rehabilitation of Lift Station #60 located at Delray
Medical Center. Funding is available from 442 - 5178 -536 -68.15
(Water & Sewer Renewal & Replacement Fund: Improvements
Other/Lift Station Rehabilitation).
Mrs. Petrolia moved to approve the Agenda as amended, seconded by Mr.
Frankel. 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.
Mr. Frankel moved to approve the Consent Agenda as amended, seconded
by Mrs. Gray. 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.
9. REGULAR AGENDA:
9.A.A. SERVICE AUTHORIZATION NO. 12- 04/IGMLEY -HORN AND
ASSOCIATES, INC.: Approve a Service Authorization No. 12 -04 with Kimley -Horn
and Associates, Inc., in the amount of $46,857.08 for professional services for the South
Swinton — S.W. /S.E. 1St Street Signal Project. Funding is available from 334- 3162 -541-
68.32 (General Construction Fund: Other Improvement/S. Swinton — S.W. /S.E. lst
Signal).
Mayor Glickstein stated he requested that this item be pulled for further
discussion in that S.E. 1St (the last one -way street downtown) is what this signal is related
to and asked him to update the Commission as to when this will be a two -lane road.
Randal Krejcarek, City Engineer, stated there are three signals on that
section of roadway; one is on southbound Federal Highway and one is on Northbound
Federal Highway and both of those are going to be converted to two -way signalizations
as part of the Federal Highway project which is scheduled to begin May 20, 2013 and is a
two -year project. Mr. Krejcarek stated at S.E. 1St Street and S. Swinton Avenue there is
an issue with the right -of -way; we do not have any right -of -way existing signalizations
on an FPL pole and FPL wants it off and Palm Beach County does not have any room to
put another pole. He stated assuming we do not get the right -of -way at Swinton and 1St
the second option is once the Federal Highway Project is complete and those two 5th and
6t" are converted to two -way they will convert S.E. 1St Street to two -way from 6t' going
west to S.E. 1st Avenue.
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Mrs. Gray moved to approve Item 9.A.A. (formerly Item 8.I.), 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.
9.A.A.A. AMENDMENT NO. 2 TO THE INTERLOCAL
AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA); FUNDING
OF CONSTRUCTION PROFESSIONAL SERVICES: Approve Amendment No. 2
to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the
funding of construction costs and professional services for certain projects as listed on
"Exhibit A" attached to the agreement for FY 2012/2013.
Mayor Glickstein asked staff for an overview of where this funding fits in
with the overallplan for the Del Ida improvements. Mr. Krejcarek stated this project is in
Del Ida N.E. 2" Avenue /Seacrest Boulevard from N.E. 4th Street going north to N.E. Stn
Street (George Bush Boulevard) and it is an enhancement grant (Federal money) that the
City received through the MPO. He stated they did their own plan in 1999 which was an
assessment to the property owners. In 2001 /2002, the City did not do anything on
Seacrest Boulevard; that was left out of the plan. Mr. Krejcarek stated the neighborhood
has asked the City to address that corridor going through the historic neighborhood. The
grant is for construction and the construction money will not become available until next
year.
Mayor Glickstein asked if sidewalks and lighting improvements are part of
this. Mr. Krejcarek stated the components of this project are going to be a modified
decorative concrete sidewalk with paver borders on it; there is going to be a green bike
lane and there is going to be decorative street lighting; there is going to be paver cross-
walks. Mr. Krejcarek stated staff is looking in the future to go north and continue this
theme with the sidewalks and bike lanes going north to Gulf Stream Boulevard.
Mrs. Gray inquired about the grant. Mr. Krejcarek stated staff applies
three (3) years ahead from the time they actually receive them. He stated the grant has
been approved and the money is available.
Mrs. Petrolia stated she was informed that there is an estimated cost of
$900,000 which $598,000 is going to be reimbursed by a grant and the CRA will put
forth $150,000. Mr. Krejcarek stated the $150,000 is for design services and to tell the
contractor how to build it and will show where the sidewalks, crosswalks, and street
lights are going to go. He stated the $900,000 is the actual construction money to
construct those improvements along that corridor. Mr. Krejcarek stated the $150,000 is
just design costs and this will tell the contractor where to put those improvements when
he comes in next year to do the construction.
Mrs. Gray asked if the CRA has approved the $400,000. Mr. Krejcarek
stated the funding will show up in this year's CIP because staff is planning for next year
now in the CIP process and last year staff actually identified it in the five year plan as a
project.
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Mr. Costello stated it is identified in the CIP and each year the CRA has a
work program based upon their adopted CRA Plan. He stated this year the CRA funded
the design in anticipation of the construction next year. Mr. Costello stated the grant
needs to go towards the improvements identified in the grant.
Mr. Jacquet asked if the CRA or the City look around the City as far as
areas of need and is this top priority where this is most needed. Mr. Krejcarek stated
there is a beautification requirement and there is also a strong bike and pedestrian
requirement. Mr. Jacquet asked if almost any area in the city could have qualified for this
being that the City is aiming toward being a more bike and pedestrian friendly
community.
Mrs. Gray moved to approve Item 9.A.A.A. (formerly Item 8.1),
seconded by Mr. Frankel. 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.
9.A.A.A. REJECT ALL BIDS FOR OSCEOLA PARK ALLEYS -PHASE I
PROJECT: Approval to reject all bids for the Osceola Park Alleys — Phase 1 Project,
and proceed with re- advertising the project for bid.
Victor Majtenyi, Interim Environmental Services Director, stated this
project staff bid out had four alleys to do in the Osceola Park area; staff received four (4)
bids which range from $114,115.50, $162,996.50, $182,170.00 and $186,482.00. Mr.
Majtenyi stated after the opening of the bids staff realized that the low bidder was not
pre - qualified under the City's pre - qualification criteria; the second bidder did not
acknowledge the addendum. #2 so that left bidders 3 and 4. Staff felt the City could get a
better deal if they re -bid.
Mr. Jacquet asked if it is customary when a company goes through a re-
structuring that the City has them resubmit the pre - qualification. In response, Mr.
Majtenyi stated yes if staff knows about it. Mr. Jacquet asked when staff anticipates how
long this will take to re -bid. Mr. Majtenyi stated within the next 3 0 -60 days.
Mr. Frankel moved to approve Item 9.A.A.A.A. (formerly Item 8.K.),
seconded by Mrs. Gray. 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.
9.A.A.A.A.A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
REVOLVING LOAN FUND GUIDELINES: Approve Community Development
Block Grant (CDBG) Revolving Loan Fund guidelines and application. Funding is
available from 118 - 1966 - 554 -83.01 (Neighborhood Services: Other Grants and Aids).
Lula Butler, Director of Community Improvement, stated this item is for
Commission approval of the Community Redevelopment Block Grant (CDBG) revolving
loan funds, guidelines, and application. Mrs. Butler stated last year staff reallocated
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$125,000 of the CDBG dollars to meet some of the economic development needs. She
stated these dollars are designed to allow small businesses up to a maximum of $50,000
in loans to be repaid at a maximum of seven years. Mrs. Butler stated sometime last year
the City reallocated $125,000 of the CDBG dollars to meet some of the economic
development needs especially since we are starting to work towards bringing new
businesses along the West Atlantic Avenue Corridor. She stated these dollars are
designed to allow small businesses up to a maximum of $50,000 in loans to be repaid at a
maximum of seven (7) years from 2 -5 %. Mrs. Butler stated they are governed by HUD
guidelines and they can be aggregated with CRA dollars if the need exists but there are
very specific requirements that HUD requires the City to have for their CDBG dollars.
Mrs. Gray asked what the target area is. Mrs. Butler stated the CDBG
target area is from I -45 to Federal Highway to Lake Ida to Linton Boulevard. Mrs. Gray
asked what the income level would be for the low and moderate. Mrs. Butler stated the
low income is at 80% of median income established for Delray Beach and is based on
HUD's published chart that the City uses. Mrs. Gray asked about the funds that are being
reallocated from 2010/2011 where are those coming from. Mrs. Butler stated they were
unused dollars from Housing Rehabilitation. Mrs. Butler stated the grant monies
accumulate over the years if you do not spend it all and the City is allowed to reallocate it
with HUD's approval. She stated the City went through that process to reallocate some
of that for economic development. Mrs. Gray asked about the training component for
this. Mrs. Butler stated there is $25,000 set aside for a consultant to do the training with
the customers. She stated Nigel Roberts, Neighborhood Services Administrator will be
the assigned person on this.
Mr. Jacquet asked if $125,000 is the total amount or is it just a number
that is being reallocated. Mrs. Butler stated $125,000 is the total amount that the City has
available this year.
Mrs. Gray asked if the applicant has to live in Delray Beach. Mrs. Butler
stated their business has to be located within the target area or they must live here.
Mayor Glickstein asked if this target area is in the CRA district. Mrs.
Butler stated the target area is in the CRA and the City could combine dollars. Mrs.
Butler stated the CRA has allocated some dollars but they have not approved their
guidelines yet. Mayor Glickstein stated in terms of urban renewal success stories these
micro -loans have been hugely successful and urged staff to work with the CRA on this.
Mr. Jacquet asked how the City publicizes that this program is in existence
and it is available to them. Mrs. Butler stated the City has held one public meeting and
staff will have another one that they invite businesses. Mrs. Butler stated the City does a
search for businesses that are in place already and invite them to attend a Workshop
meeting in groups of ten.
Mayor Glickstein stated in terms of the TED Center just making people
aware that there is another funding source out there.
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05/07/13
Mrs. Gray stated if the meetings would be targeted toward existing
businesses what about information for the startups. Mrs. Butler stated Mr. Roberts has a
lot of experience in the micro -loan programs and how to market them.
Mr. Costello stated at its Workshop meeting the CRA Board reviewed the
preliminary program guidelines and provided comments to staff. He stated the CRA has
an Tnterlocal Agreement tentatively scheduled for the CRA Board meeting at the end of
this month.
Mrs. Petrolia moved to approve Item 9.A.A.A.A.A. (formerly Item S.N.),
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.
9.A.A.A.A.A.A. PROPOSED CHANGE TO THE COMMISSION RULES OF
PROCEDURE: Approve a proposed change to the Commission Rules of Procedure for
quasi - judicial hearings to provide that the parties, City and applicant, shall each have 10
minutes to present their case rather than 20 minutes for each side.
Mayor Glickstein stated in the Commission meeting they looked at ways
to make meetings more expeditious because they felt meetings were getting long and the
Commission would like more people to attend meetings and have meetings move along
and as things get more complex in the city the agenda is going to get larger and larger.
He stated there are times when the public is going to benefit from a longer presentation.
Mrs. Petrolia stated she believes the Commission had discussed that there
are some situations where they can extend that.
Mr. Jacquet stated one of the things that the Commission discussed was
that they cannot limit how short they make people's presentations but they can extend
their time. Mr. Jacquet stated the one thing that the Commission did not want to do is
limit the individuals (the public) presentation but when a developer comes here it could
be a shorter presentation and, if so, the Commission could allow them more time if
necessary.
Mrs. Gray stated in their Strategic Planning .meeting the Commission
discussed looking at this and voted on the ten minutes but with listening to everyone that
spoke today and a lot of people who have been calling and have concerns about it that
when they get here and they do their presentation the residents do not have the backup
and do not know what is going on. Mrs. Gray supports leaving it at 20 minutes.
Mayor Glickstein stated the problem with that process is an applicant's
ability to prepare for a meeting; is he preparing for a 20 minute presentation or a 10
minute presentation. He stated neither the applicant nor staff is going to know until they
walk into the Commission Chambers and the Commission votes on whether or not to
extend the time limit.
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05/07/13
Mr. Frankel stated if you have a ten minute cap and add a procedure where
in writing prior to the hearing an individual can request additional time because they feel
it is necessary.
The City Attorney stated the Commission brings up a good point that as
far as preparation in time so the applicant will know in advance. He stated if a
Department Head makes a recommendation to extend the Quasi - Judicial time from 10 to
20 minutes then we need to allow the applicant adequate time (a week or two weeks
before the hearing itself) where they will know that they will get 20 minutes. The City
Attorney stated there is not a way for the Commission to say they will abide by that
because until they vote they do not have to.
Mayor Glickstein stated the Commission could decide that they want to
hear more and perhaps in more cases they would want to hear less. Mayor Glickstein
concurs with Commissioner Frankel that if staff understands that the benchmark is ten
minutes but that in extenuating circumstances whether it is complexity or public interest
they can make that determination in enough time, he believes that the Commission might
meet their objective by a large decreasing the time for most Quasi - Judicial hearings.
Mayor Glickstein stated as a compromise if the Mayor has the ability
extend regarding Commissioner Gray's comment, it requires if the Department Head
carne to the Mayor and said we have a request to extend the meeting that is another party
involved that perhaps takes it out of a personal relationship with the developer.
Mayor Glickstein asked if the Mayor has the ability to unilaterally extend
the meeting. The City Attorney stated the Mayor has the ability to allow people to
comment longer during public comment or if there is a consensus of the Commission
they can do that. The City Attorney stated on Quasi - Judicial hearings it is not really set
up that way. The City Attorney stated if the Commission makes the change here this
applies globally to all of the City Boards.
The City Manager stated Commissioner Frankel makes a good point and
that is there have been very few occasions where 20 minutes was necessary. He stated
when members of his staff heard that the Commissioner was considering reducing the
amount of time the two people who were primarily concerned with this issue felt there is
not going to be enough time because there are very complex issues sometimes.
Mrs. Gray suggested that the Commission consider 15 minutes instead of
10 minutes.
Mr. Frankel stated the presentations are reading the PowerPoint
presentations that the Commission is given prior to the meeting and are made available to
the public.
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0/07/13
Mr. Jacquet stated Commissioner Frankel makes a good point that having
been here longer than anyone else on the dais and having seen numerous presentations all
his points are valid. Mr. Jacquet stated he feels the City should not limit what the public
gets to say but that the City can limit it for the applicants and developers with the check
in place that they can always allow more time.
Mayor Glickstein stated if staff is going to have new direction on making
that determination that if they do receive information at the last minute and if the
Commission shortens the length of time, then it is incumbent upon staff to inform them
that they have missed the agenda. He reiterated that the notion of getting things in at the
last minute and staff has not fully vetted it and then the Commission receives it late then
they can either choose to submit it and they will get bumped to the next meeting, or they
cannot submit it to stay on the agenda and staff should be empowered to say "no ".
Mr. Jacquet stated this will encourage staff to communicate more with the
Commission.
Mrs. Gray expressed concern over the other Boards and asked how this
will affect them. The City Attorney stated the Commission and the applicant will
understand that if staff early on has recommended more time at the earlier Boards that
they would probably likewise continue that depending on what the project is.
Mr. Frankel moved to approve Item 9.A.A.A.A.A.A. (formerly Item
8.T.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs.
Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray -- No; Mayor Glickstein
— Yes. Said motion passed with a 4 to 1 vote, Commissioner Gray dissenting.
9.A. WAIVER REQUEST/ COMMUNITY REDEVELOPMENT
AGENCY (CRA); ARTISTIC BANNERS: Consider approval of a waiver request to
Land Development Regulations (LDR) Section 4.6.5 (D), "Fence Types" to allow for the
design and installation 'of four (4) artistic banners (5' x 30') to an existing fence on
Community Redevelopment Agency's (CRA) property located at 805 West Atlantic
Avenue pursuant to the recommendation of the Public Arts Advisory Board (PAAB).
(Quasi- Judicial Hearing)
Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into
the record for this item and all subsequent Quasi - Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on Item 9.A., 9.11., 9.C., and 9.D.
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel, Mrs. Gray, Mrs. Petrolia, and Mayor Glickstein had no ex
parte communications. Mr. Jacquet was away from the dais at this time.
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05/07/13
Lula Butler, Director of Community Improvement, stated the item before
the Commission is a waiver to LDR Section 4.6.5(D) for the installation of four (4)
artistic banners (5' x 30') to the existing fence of the Community Redevelopment
property located at 805 West Atlantic Avenue for the next two years. Mrs. Butler stated
this is a recommendation coming to the Commission from the Public Arts Advisory
Board (PAAB) as well. Mrs. Butler displayed photos of what the banners will look like
and stated this site is owned by the CRA and is under mitigation for soil and
groundwater. She stated it will take 2 -4 years to get this done.
Mrs. Butler stated the project was approved by the Community
Redevelopment Agency (CRA) Board for funding at their regular meeting on March 28,
2013 and was approved by the Public Art Advisory Board (PAAB) at their regular
meeting on April 22, 2013. Staff recommends that the City Commission approve the
waiver to LDR Section 4.6.5(D) to allow this project as it will utilize a form of public art
to beautify the existing condition of the construction site and represents a collaboration of
efforts with the community between the CRA, WARC and the Milagro Center.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or opposition of the request, to please come forward at this time.
Christina Morrison, 2809 Florida Boulevard #207, Delray Beach, FL
33483, stated she loves the art but expressed concern over the maintenance of the art.
Ms. Morrison supports moving forward with the caveat that should the art deteriorate that
they must be removed before they look worse than not having them there.
Jeff Costello, Assistant Director of the CRA, stated the CRA will
maintain the banners.
There being no one else from the public who wished to address the
Commission, the public hearing was closed.
Mrs. Gray stated she is excited about the public art.
Mrs. Petrolia stated the timing on it will alleviate the shabbiness over time.
The City Attorney briefly reviewed the Board Order with the Commission
who made findings according to their consensus (attached hereto is a copy and made an
official part of the minutes).
Mrs. Gray moved to adopt the Board Order approving the waiver request,
seconded by Mr. Frankel. 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.
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05/07/13
9.B. WAIVER REOUEST/HYATT PLACE DELRAY BEACH: Consider
approval of a waiver request to Land Development Regulations (LDR) Section
4.3.3(V)(2)(c)(1), "Prohibitions by Frequency ", to extend the six month time limit to
establish a stand -alone bar at the Hyatt Place Delray Beach, located at 104 N.E. 2 "d
Avenue. (Quasi - Judicial Hearing)
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 -073 into the record..
Mr. Dorling stated this is a waiver request to LDR Section
4.3.3(V)(2)(c)(1), which allows a written request to establish a stand -alone bar to be valid
for a period not to exceed six (6) months. Mr. Dorling stated the proposal is the intent to
develop the 2,100 square foot area that is on the north part of the ground floor of the
Hyatt on Pineapple Grove Way into a retail/wine shop which will also have self - service
wine dispensers and would permit tasting of wine prior to purchase. On September 20,
2011, they came in and vested their spot prior to the construction of the Hyatt Place and
that was tied to the Certificate of Occupancy or no later than December 2012. The City
Commission approved an extension of time frame at its meeting of December 12, 2012,
which extended the time to establish the bar until April 12, 2013. The applicant has
started the interior build -out of the tenant space. However, the applicant was
unsuccessful in completing the work prior to the April expiration. A request was
submitted by the applicant on March 18, 2013 to extend the approval for six months in
order to allow sufficient time to complete the build -out of the tenant space while
maintaining priority to establish a bar at this location. Mr. Dorling stated they are
requesting that the six (6) months be extended to allow them to construct it and establish
the facility within a couple of months which would be September 18, 2013.
Ronald L. Voss III, Manasing Partner, N2 Wine Bar, 320 Beverly
Drive, Delray Beach FL 33444, stated they are under construction and briefly discussed
the project. Mr. Voss stated it should not take more than 60 -90 days.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver request, to please come forward at this time. There
being no from the public who wished to address the Commission, the public hearing was
closed.
Brief discussion between Commissioner Jacquet and Mr. Dorling
regarding the extension followed.
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).
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05/07/13
Mr. Frankel moved to approve the Board Order approving the waiver
request, 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.
9.C. WAIVER REQUESTS/ COMMUNITY REDEVELOPMENT
AGENCY (CRA); 46 S.W. 9T AVENUE: Consider approval of two (2) waiver
requests to Land Development Regulation (LDR) Section 4.6.9(D)(3)(b), "Point of
Access to the Street System ", to reduce the width of the point of access for a parking lot
driveway from the required 24' to the proposed 22' adjacent to S.W. 10"' Avenue and
Section 4.6.9(D)(4)(d), "Maneuvering Area, Aisle Width, Space Width", to reduce the
drive aisle width with perpendicular parking from the required 24' to the proposed 22'
adjacent to S.W. 10th Avenue for the Community Redevelopment Agency (CRA) Parking
Lot located at 46 S.W. 9h Avenue. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. The Commission had no ex parte communications to disclose.
Paul Darling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -085 into the record.
Mr. Dorling stated this is a request for two waivers to LDR Section
4.6.9(D)(3)(b) and LDR Section 4.6.9(D)(4)(d) for a parking lot to be constructed by the
CRA at 46 S.W. 9t` Avenue. He stated the two waiver requests are to the point of access
to a street to the parking lot and the drive isle of the parking lot. Mr. Dorling stated the
proposal is to construct a parking lot and a recreation playground area. The driveway
width is required to be 24 feet and it is reduced to 22 feet and there is a waiver to the
drive isle adjacent to the parking spaces to 22 feet versus 24 feet. Mr. Dorling stated the
Code allows a reduction to 22 feet when there is parking that does not back into it.
At its meeting of March 27, 2013, the Site Plan Review and Appearance
Board approved both waivers along with the site plan and landscape plan for the entire
piece. Staff recommends approval of both waivers at this time.
Jeff Costello, Assistant Director of the CRA, stated this is very similar
to the parking lot they constructed at 57 S.W. 5h Avenue.
Mayor Glickstein stated if anyone from the public would like to speak in
favor or in opposition of the waiver requests, to please come forward at this time. There
being no one from the public who wished to address the Commission, the public hearing
was closed.
Mr. Jacquet inquired about the number of parking spaces. Mr. Costello
stated there are 40 parking spaces; the original proposal was 45 and they would have
been required to have waivers to the stacking distance requirement on lst Street access
point as well as 9th Avenue if they did not provide the 20 feet stacking. However, Mr.
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05/07/13
Costello stated in order to eliminate the need for additional waivers staff eliminated
parking and provided the stacking. Mr. Jacquet asked if the CRA anticipates the church
using any of that parking. Mr. Costello stated the CRA anticipates utilization and as part
Of this proposal the CRA is constructing a sidewalk along S.W. 1St Street between 9th
Avenue to 10th Avenue in order to provide that pedestrian connection. Mr. Jacquet stated
the CRA does not anticipate that it will impede the ability for vehicles to adequately
navigate the site but expressed concern with church patrons and a number of cars moving
in and out. Mr. Costello stated right there is a lot of reduction in travel lane widths and
noted many streets are 11 feet wide; travel lanes have a 22 foot width. Mr. Costello
stated they are not aware of any conflicts at the other parking lots where those waivers
have been granted at 22 feet. Mr. Costello stated the CRA feels very comfortable with
this situation. Mr. Jacquet inquired about sidewalks. Mr. Costello stated there is an
existing sidewalk along 10th Avenue on the east side adjacent to the church parking lot;
however, the Fairfield Inn project is moving forward and includes on- street parking.
Mrs. Gray stated if the parking lot is supposed to be available to help with
the Palm Manor Apartments and the surrounding communities how they would have
access to it in the evenings. Mr. Costello stated the CRA had two meetings with the
community and they identified the concerns in the evening. He stated the pocket park
will have two gates; there is a gate opening at the northeast corner next to the
handicapped space and at the southeast corner of the park.
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 both waiver
requests, 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.
9.D. WAIVER REQUESTS: SUNTRUST BANK/CHICK -FIL -A
RESTAURANT: Consider approval of two (2) waiver requests to Land Development
Regulations (LDR) Section 4.6.12(F)(2), "Minimum Floor Area ", which requires that
free - standing structures have a minimum floor area of 6,000 square feet and Land
Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance ", which
requires a stacking distance of 50 feet for parking areas that contain 51 or more parking
spaces for SunTrust Bank/Chick -Fil -A Restaurant, located at the southwest corner of
Linton Boulevard and South Federal Highway. (Quasi - Judicial Hearing)
Mayor Glickstein asked the Commission to disclose their ex parte
communications. Mr. Frankel stated he spoke to Michael Weiner. Mrs. Petrolia and
Mayor Glickstein had no ex parte communications to disclose. Mrs. Gray stated she
received a telephone message from Mr. Weiner but did not speak to him. Mr. Jacquet
stated he received a telephone message from Mr. Weiner and he attempted to call this
afternoon but did not reach him.
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05/07/13
Paul Dorling, AICP, Director of Planning and Zoning, entered the
Planning and Zoning Department project file #2013 -017 into the record.
Mr. Dorling stated this item is for two waiver requests for a Class V site
plan recently approved for Sun Trust Bank and Chick -fil -A at the southwest corner of
Linton Boulevard and Federal Highway. The first waiver relates to the stacking distance
of 50 feet of a parking area that contains more than 51 spaces and this requirement is
reduced by 40 feet on Linton Boulevard and 13 feet on Federal Highway. The LDRs talk
about measuring that from the property line. Mr. Dorling stated the actual travel lanes
within southbound Federal Highway and Linton Boulevard are much further away
because of the landscape that is outside of the property and the distance actually to the
physical travel lanes would be 54 feet in Federal Highway and 60 feet in Linton. The
second waiver is to the requirement in the planned commercial district that you have a
minimum size building of 6,000 feet; the proposed buildings are 3,330 square feet and
2,730 square feet and they are replacing an existing building of 5,724 feet. Mr. Dorling
stated that commercial designation is usually allocated to larger sites such as malls and
shopping centers and it is envisioned that larger commercial developments would have
large outparcels.
Mr. Dorling stated this was considered by SPRAB as part of their Site
Plan Review and Appearance Board meeting on March 27, 2013 and was approved as
was the recommendation of approval put forth for both of these waivers. He stated
positive findings are made in the staff report under LDR Section 2.4.7 (B) (5) and
recommend approval of these waivers. Mr. Dorling displayed the proposed elevation of
the SunTrust Bank and the Chick -fil -A building.
Michael Weiner. Attorney with Weiner & Lynne, P.A., 10 S.E. 1.1'
Avenue, Delray Beach, FL 33444 (representing the applicant), stated the Site Plan
Review and Appearance Board approved the Class V site plan for the SunTrust
Bank/Chick -fil -A, approved the demolition of a 42 year old building, and a new
development that is compliant with the City's regulations. Mr. Weiner stated this is two
buildings existing of slightly more than 6,000 square feet and replacing a building that is
5,700 square feet on 1 %2 acres. He stated they met all the applicable standards and
requirements and there is not any requirement that they did not equal or exceed. Mr.
Weiner stated the first waiver is a matter of building size. Staff analyzed that particular
waiver and supports it allowing for two smaller buildings that add up to more than 6,000
square feet, meet all the elements for granting the waiver, it does not adversely affect the
neighboring area, it does not significantly diminish the provision of public facilities, it
does not create an unsafe situation, and it does not result in the grant of a special
privilege. Mr. Weiner stated the second waiver relates to stacking distance. Mr. Weiner
stated he would like to see a new building built in placement of a 42 year old flat roof
Sun Bank
Mr. Jacquet stated with 75% less of distance from Federal Highway how
is this considered minor and made reference to Mr. Weiner's comments about the way we
measure the stacking distance. Mr. Dorling stated Mr. Weiner stated he meets the intent
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05/07/13
of the Code in that the actual physical area to stack is available or exceeded; however, by
the Code the way we are forced to measure it is deficient. So from the property line it
does not meet the Code. Mr. Jacquet stated he is trying to understand why staff says in
the waiver analysis it is no good then at the end it states that staff recommends approval.
Mr. Jacquet asked if staff agrees that they are not meeting the intent of the PC why does
staff support this waiver. Mr. Dorling stated because the PC is applied to Planned
Commercial larger sites and all of the zoning is PC. He stated these are small sites and
should be zoned GC (General Commercial) which is normally applied to smaller sites.
Mr. Weiner stated there are four reasons behind a waiver and they meet all
four of them: (1) they have not done any damage to the neighborhood, (2) it is not
unsafe, (3) they do not use public services, and (4) under the circumstances which upon
their application they did not know that this particular property had been zoned PC
without thought to the fact that it was only 1' /Z acres. He stated under those
circumstances staff brought them to the correct reasoning why a waiver works here.
Mr. Frankel supports granting the waiver.
Mrs. Gray stated she too supports the waiver.
Mayor Glickstein stated he understands Commissioner Jacquet's concerns.
Mayor Glickstein stated given what is there with the Burger King on one direction and
the office building in the other it would be great to see that redeveloped as a PC
development. However, Mayor Glickstein stated that is not what is before the
Commission and the likelihood of that aggregation such that you could retain the PC
zoning in a justifiable size is highly unlikely. Mayor Glickstein stated he concurs that the
outparcel site plan is not the solution he would like to see there but the plan is better than
what is there now and the likelihood of something better is probably remote.
Mayor Glickstein stated to the extent that an LDR change regarding these
waivers is appropriate so it is one less waiver for this Commission or any other Board to
deal with; he noted if you have multiple entrances you do not need the stacking then we
should not be dealing with the waiver.
Mrs. Petrolia stated she is a little disappointed that this property was not
flipped.
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. Jacquet moved to adopt the Board Order approving both waiver
requests, 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.
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05/07/13
9.E. REJECT ALL BIDS FOR FEDERAL LEGISLATIVE LOBBYING
SERVICES: Consider rejecting all bids received for comprehensive Federal Lobbying
Services (RFP No. 2013- 34).
Rich Reade, Sustainability Officer, stated this item is from an earlier
meeting where it was discussed and determined that it would be better to go out for an
RFP for a single item rather than the general coverage of legislative lobbying.
Mayor Glickstein stated he is fully supportive of focusing on one single
item.
Mr. Jacquet stated it is true that if you have a single issue it may get some
attention but it is also true that any other things that you can gain from a lobbyist you lose
that when you focus on a single issue. He stated normally when you have a lobbying
firm you hire them for multiple issues and you prioritize and the lobbying firm will focus
on those issues primarily. Mr. Jacquet stated we have a lobbyist in Tallahassee for a
single issue and that issue did not happen the way that the City wanted it to. He stated
when the City hires for a single issue he does not believe we are going to get that.
Mrs. Petrolia stated she recalls that the Commission did discuss cost and
they felt as though it was going to be excessive and this is one of the reasons the
Commission decided to do the single issue.
Mrs. Gray stated she feels it is important to revisit hiring a lobbyist
because as a single issue the sober housing is going to have to be really looked at. She
feels that the City of Delray Beach needs a Federal lobbyist because there are grants and
different things that they would be able to apprise the Commission on.
Mr. Frankel stated he is not in support of rejecting the bids because he
believes the City needs a Federal Lobbyist because transient housing is the number one
issue of the City and feels that having a single issue lobbyist would potentially handcuff
us from any grants or Federal dollars that the City could get.
Mrs. Petrolia stated the City has a unique issue to our area and she
questions spending money and whether or not we received anything back.
Mr. Jacquet stated Commissioner Petrolia has an excellent point and it is
the reason why we should not focus on a single issue. He is hopeful that the City would
be able to get something passed to take care of this issue but does not know how likely it
is. Mr. Jacquet stated if the City hires a Federal lobbyist on that single issue we may not
get anything done at all and that is really money being wasted. However, Mr. Jacquet
stated if the City hires a Federal lobbyist and if that fails we could potentially get some
grant dollars or could potentially get something else from them besides just that. Mr.
Jacquet stated he is reconsidering his prior comments.
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05/07/13
Mrs. Gray stated the City's lobbyist in Tallahassee was not a waste of time
but sometimes it takes 1 -5 years for some successes.
Mayor Glickstein concurred with comments expressed by Commissioner
Gray. Mayor Glickstein stated when he asked about the track record for the State
lobbyist who is handling a multitude of issues that the prior Commission prioritized he
was informed that they were largely unsuccessful in getting anything done that the City
could not of otherwise done with our local legislators. In response, Mr. Reade stated they
were given all the priorities but they really focused on the Enterprise Zone issue as their
single top priority. Mayor Glickstein stated taking that lobbyist and combining them with
Ballard who was given a single purpose item the City got zero for our dollars. Mayor
Glickstein stated the State lobbying effort is a far more focused effort than when we start
talking about a Federal lobbyist when we are trying to get the support of not only our
own Senators and Congressmen but 49 other states or a majority of those. Mayor
Glickstein stated the Commission understands that the sober house issue is of critical
importance and the way the City was approaching it was not so much a lobbying effort
going after Senators and Congressmen but focused on modifying HUD rules and
administrative rules that would allow us more local rule flexibility.
The City Attorney stated what the City's hope is that they can have some
minor changes on the Fair Housing Act Amendments so that the City could have better
local control over this topic. He stated staff was possibly focusing on certain
administrative agencies.
Brief discussion from the City Attorney and Assistant City Attorney
followed.
Terrill Pybum, Assistant City Attorney, stated in dealing with a lobbyist at
the State level it was frustrating; however, there was a proviso that was passed by the
legislature that requires DCF to set aside funding to possibly license sober houses next
year and the idea was that by approaching HUD instead of going through Congress and
trying to change the ADA or the Fair Housing Act that the City could seek some
clarification of the Fair Housing Act and HUD's interpretation of it.
Mayor Glickstein stated it is progress on some level but it is a function of
dollars and where can we best target that in particular the public is screaming for the
Commission to try anything and everything so what is the most cost effective way to do
that. He stated this seems like a smart way of spending limited resources.
The City Attorney stated staff will be coming before the Commission in
the next several months with an amendment to the City's current State Lobbying
Agreement to continue this because the City has to continue conversations with DCF to
continue what little momentum we have in order to try to accomplish something.
Mrs. Gray suggested that during the budget cycle that the City looks at
including a Federal Lobbyist. The City Manager stated in exercising budget discipline
23
05/47/13
Mrs. Gray moved to reject all bids received, seconded by Mrs. Petrolia.
Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia —
Yes; Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes. Said motion passed with a
4 to 1 vote, Commissioner Frankel dissenting.
9.F. REQUEST FOR PROPOSAL (RFP) FOR FEDERAL LOBBYING
SERVICES: Provide direction regarding a Request for Proposal (RFP) for Federal
Lobbying Services.
The City Attorney stated this has a narrow scope of work based on the
Commission's prior conversation.
Mayor Glickstein asked if there is a way in this process to gauge whether
this idea is worthy of pursuing.
Terrill Pybum, Assistant City Attorney, stated in going out for an RFP you
look at the submittals that are received and get a good idea based on the experience of the
people who have applied whether or not they have the qualifications that are necessary to
meet the City's needs. Ms. Pyburn stated the City can contact HUD on their own and
staff has done that before in various scenarios and have not gotten anywhere. She stated
there is no sure way to gage how effective it will be.
Mayor Glickstein suggested that staff go forward with the RFP and see
what we get and from there he would like those people before this Commission and grill
the lobbyist on how effective they are going to be rather than staff making that decision
independent of this Commission.
After brief discussion, it was the consensus of the Commission to direct
the City Attorney's office to go forward with the Request for Proposal (RFP) regarding
the sober house issue.
9.G. SETTLEMENT OFFER IN CURLENE THOMAS v. CITY OF
DELRAY BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in
Curlene Thomas v. City of Delray Beach. Staff recommends approval; subject to the
receipt of the appropriate releases.
The City Attorney stated the applicant was riding her bicycle and a City
employee inadvertently when they were weed eating turned around and caused her to fall
off her bike and incur injuries. Her medical costs to date are approximately $35,000-
$40,000. Staff recommends settling this case for $20,000.
Mr. Frankel moved to approve the settlement offer in the amount of
$20,000, seconded by Mrs. Petrolia. 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.
24
05/07/13
9.H. PROPOSAL FOR SETTLEMENT IN PREVILLON CASSY v. CITY
OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $49,999.99
in Previllon Cassy v. City of Delray Beach. Staff recommends denial.
The City Attorney stated Mr. Cassy was riding his bicycle on the sidewalk
and he cut out in front of one of the City's C.O.P. volunteers was unable to stop and he
hit Mr. Cassy. The settlement offer they are proposing is for $49,999.99 and staff
recommends denial.
Mr. Frankel moved to deny the settle offer in the amount of $49,999.99,
seconded by Mrs. Petrolia. 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.
9.I. APPOINTMENT TO THE POLICE & FIREFIGHTERS
RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular
member to serve a two (2) year term ending April 22, 2015 to the Police & Firefighters
Retirement System Board of Trustees. Based upon the rotation system, the appointment
will be made by Commissioner Jacquet (Seat 42).
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of May 21, 2013.
9.J. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD:
Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired
term plus a two (2) year term ending July 31, 2015. Based upon the rotation system, the
appointment will be made by Commissioner Jacquet (Seat #2).
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of May 21, 2013.
9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING
AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority
to serve an unexpired term plus a four (4) term ending July 14, 2017. Based upon the
rotation system, the recommendation for appointment will be made by Commissioner
Jacquet (Seat 92).
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of May 21, 2013.
9.L. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint
one (1) regular member to the Financial Review Board to serve an unexpired term ending
July 31, 2014. Based upon the rotation system, the appointment will be made by
Commissioner Petrolia (Seat #1).
25
05/07/13
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of May 21, 2013.
9.M. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint
one (1) regular member to the Police Advisory Board to serve an unexpired term plus a
two (2) year term ending July 31, 2015. Based upon the rotation system, the appointment
will be made by Commissioner Jacquet (Seat #2).
Mr. Jacquet stated he would like to defer his appointment to the next
regular meeting of May 21, 2013.
9.N. OFFER OF SETTLEMENT IN KIERAN MACKENZIE v. CITY OF
DELRAY BEACH: Consider an Offer of Settlement in the total amount of $20,000.00
in Kieran Mackenzie v. City of Delray Beach. Staff recommends approval.
(ADDENDUM}
Terrill Pyburn, Assistant City Attorney, stated a man was riding his
bicycle on December 11, 2007 and he struck a pothole in the road and the City repaired
the road. Ms. Pyburn stated he had over $183,000 in medical bills due to multiple
injuries including a complete right shoulder replacement. Ms. Pyburn stated they have
agreed to settle the case for $20,000 and staff recommends approval.
Mr. Frankel moved to approve the Offer of Settlement in Kieran
Mackenzie v. City of Delray Beach, 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.
PUBLIC HEARINGS:
A. None
At this point, the Commission moved to Item 12, First Readings.
12. FIRST READINGS:
12.A. ORDINANCE NO. 10 -13: Consider an amendment to Chapter 33,
"Police and Fire - Rescue Departments ", Section 33.62, `Benefit Amounts and
Eligibility ", and Section 33.64, "Contributions ". If passed, a public hearing will be held
on May 21, 2013.
The caption of Ordinance No. 10 -13 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 33, "POLICE AND FIRE -
RESCUE DEPARTMENTS "; AMENDING SECTION
26
05/07/13
office.)
33.62, "BENEFIT AMOUNTS AND ELIGIBILITY";
AMENDING SECTION, "33.64, "CONTRIBUTIONS ";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 10 -13 is on file in the City Clerk's
The City Attorney read the caption of the ordinance.
Bruce Koeser, Human Resources Director, stated one of the things the
City negotiated for Police and Fire was a reduction in the second tier pension (pension for
new hires) that would eliminate the enhanced multiplier (3.5 %) opportunity. Mr. Koeser
stated after 20 years the pension multiplier would go from 2.5% to 3.0 %.
Mr. Frankel moved to approve Ordinance No. 10 -13 on FIRST Reading,
seconded by Mrs. Gray. Upon roll call the Commission voted as follows. Mrs. Gray —
Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion
passed with a 5 to 0 vote.
13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS.
13.A. City Manager
The City Manager stated he and staff have devised a strategy for
addressing the LDRs and they will be advancing that process to the Commission soon. In
addition, the City Manager stated staff is looking at developing a comprehensive
approach to the parking issue. The City Manager stated there was a parking study done
in 2006/2007 and it had some recommendations included in it that staff is going to go
back and revisit.
13.B. City Attorney
The City Attorney had no comments or inquiries on non- agenda items.
13.C. City Commission
13.C.1. Mr. Frankel
Mr. Frankel stated with regard to comments about the parking meters on
the beach they failed to include the handicapped signs. He stated there are too many
beach signs instructing people how to put sun tan lotion on.
The City Manager commented about the signage delivery system in
general and whether or not we can clean it up and get rid of some of the visual pollution.
27
05/07/13
13.C.2. Mrs. Gray
Mrs. Gray asked for an update on David Wilke who is the consultant for
the Congress Avenue Corridor. She stated the City extended his contract for an
additional six (6) months.
Secondly, Mrs. Gray asked for the status on the Economic Development
Self- Assessment Test (EDSAT). Rich Reade, Sustainability Officer, stated the report is
on the City's website and it was discussed at the Economic Development Committee
meeting. Mrs. Gray requested that Mr. Wilke provide a report with the full Commission
present.
She concurs with Ms. Moody's comments about the directional signs to
the garage.
Mrs. Gray announced that the City will host the Youth Town Hall Meeting
on Monday,. May 20, 2013 at 5:30 p.m. She stated the Delray Beach Youth Council,
Village Academy, Atlantic High School and everyone who is involved is excited.
Lastly, Mrs. Gray stated two new sober houses have opened up in the
Southwest neighborhood right next door to each other and asked how citizens can report
them.
The City Attorney stated if the numbers of people are beyond the City's
definition of family then they can seek a reasonable accommodation; if they are not
beyond the City's definition of family then by right they can be there.
13.C.3. Mrs. Petrolia
Mrs. Petrolia stated the FED Cup event was amazing.
Secondly, Mrs. Petrolia recognized the TEDx event which was also an
incredible event.
She stated last night she attended Delray Start Up at the Delray Beach
Public Library. Mrs. Petrolia stated she was so excited to meet different people that were
coming in and possibly looking at our city as a place to do business and possibly even
relocate here.
Mrs. Petrolia thanked the City Manager for putting the Waste
Management Contract on the Workshop agenda. She asked whether or not the City is
receiving a franchise fee on single - family and multi- family dwellings. The City Attorney
stated staff will check into this.
28
05/07/13
Mrs. Petrolia asked about the status of the public records request regarding
Senator Abruzzo. The City Attorney stated about 11 /2 weeks ago staff contacted the
Senate office and they indicated that because it was approaching the end of the
Legislative session they were having a lot of public records requests and they would get
to it within a reasonable period of time. The City Attorney stated staff will follow -up
with them again. Mrs. Petrolia praised Mayor Glickstein for having the courage,
strength, and the foresight to make this public records request. Mrs. Petrolia read a brief
statement into the record.
B.C.4. Mr. Jacquet
Mr. Jacquet stated people who are listening online are having a tough time
bearing what is going on in the Chambers. He requested that the audio in the Chambers
be checked.
Secondly, Mr. Jacquet stated he attended the Swearing -In of five (5) new
police officers and there was an Awards Ceremony for saving lives and Officers of the
Month.
He stated Haitian Flag Day will be held on May 18, 2013 at 10:00 a.m. in
front of City Hall and everyone has been invited by Major Joe Bemadel, Director of
Toussaint L'Ouverture High School. Mr. Jacquet stated afterwards they will have an
event at the Tennis Center as well.
Mr. Jacquet commented about the Legislative Updates and inquired as to
when that is going to be as far as inviting the Legislative Delegates.
Mr. Jacquet stated he had the opportunity of doing some career days last
week and looks forward to doing more.
Mr. Jacquet stated a while ago he brought up the naming of one of the
streets. For example, he stated if you have S.E. 2 d or S.E. P Avenue hanging a name
below it such as Toussaint L'Ouverture Street is something that the community that lives
there is pushing for. Mr. Jacquet stated he understands we cannot change the name of a
street but that we can add to a street. He would like the City to consider this for some of
the residents and businesses around that area because the Haitian- American community
would love to see that.
Lastly, Mr. Jacquet commented about the bids and asked if there is
sufficient staff to handle all the bids compared to other cities. He asked for clarification
when the bids go out, who works on them, and how much work it entails. Mr. Jacquet
stated he would like staff to take a look at this when discussing budgeting and staffing to
see if this is something we need to take a serious look at.
B.C.5. Mayor Glickstein
05/07/13
Mayor Glickstein stated there is a treatment facility (The HHH Building)
at the intersection of Andrews Avenue and George Bush Boulevard.. He stated they
recently installed a fence running the entire length of George Bush Boulevard along their
property and also own the building to the east which used to be occupied by Kanner &
Pintaluga, P.A. Mayor Glickstein stated there is approximately 300 feet of fence or
longer running the length of the property and there is no landscaping. He stated the
LDRs require a hedge behind a fence on a commercial piece of property and asked that
staff look into this because it is currently an eyesore.
Secondly, Mayor Glickstein stated there is Town Hall Meeting at Old
School Square scheduled for June 13, 2013 and the topics to be discussed are going to be
Mr. Chapman's overview of the financial condition/status of the City and growth
management in general.
Mayor Glickstein stated with regard to the LDR issues, he has met with
the City Manager, the City Attorney, Mr. Dorling, and Mrs. Butler in terms of where we
are headed with this. Mayor Glickstein stated the LDRs are in need of updating and
changing but also the City's process. He stated Delray Beach has a very antiquated
process. For example, the City of Boca Raton Board looks at the project so the
substantive review of the project is done by their Planning and Zoning Board which
meets twice a month.
Mayor Glickstein asked, relative to the audio, about the status of the light
warning speakers that their three (3) minutes is about to expire. The City Manager stated
the City Clerk is working on this.
Lastly, Mayor Glickstein stated he would like to see the parking issue on a
June Workshop and signage is part of that parking plan. He feels that the City should
have looked at parking years ago as a source of revenue. He stated if the Commission is
inclined to look at this as a real source of revenue how do we get there. Mayor Glickstein
suggested that Kimley -Horn be present at the Workshop and boil this down of how the
City can get there if the Commission so desires.
There being no further business, Mayor Glickstein declared the meeting
adjourned at 9:27 p.m.
ATTEST:
City Clerk
30
05/07/13
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 May 7, 2013, which Minutes were formally approved and adopted by the City
Commission on June 4, 2013.
City Clerk
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
31
05/07113
IN. THE: CrrY COMMISSION
01AMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY CPM.-M . IS'SION
OF THE CITY OF. DELRAY PEACK FLORIDA
WAIVER REoUEST TO ALL6WIHE INSTALLATION OF ARTISTIC BANNERS Td
THE,: EXISTING FENCE OF THE COMMUNITYREDEVELOPMENT PROPERTY
LOWED AT 8.0$ WEST ATLANTIC AVIENVE,
I... This waiver request to allow1he ihstaktion of four' (4). artistic JArihibM x
30) to -the: existing % ferico of the Corhmuniv, - Redevelopment Agencys property located
at:805 West At ent;e: for the next two (2) years (May 2015),' came before the
City Commission on May 7',. 201.3.
:2. The Applicant :.and: City staff presented documentary' evidence and
testimony why to tho Cty, Commission pertaining Mg. to the waiver request to allow t] he,
installation f fbtit (4 y
n .) artistic bahh6r6.(,5'x! 30) to: the eAstlfi§ fende- ofthe CoMmunit
Redevelopment.Agency's property located 'at $05 West Atlantic: Avenue for the next: two
ye rs, (I vi ts
,0 *all 5)i All of. the evidence a Dart of the record jn.-thjs c.,ase. Re
a 4y 2
findings are made in. accordance with Subsection L
WAIVER;
Pursuant to; LDR Section '2A.7(13)(5) prior to granting a waiver, the approving
body shall make -afinding that the .4rafitin' of the waiver.
g
(a)° Shall not adversely* affect, the neighboring area,
S
hall not .. el
ginificant.y. diminish the provision'
. of public facilities;
(c� Shall not create an unsafe situation; and;
Ddet not result It in- the qah-f pfa spebl'al pri'V0606 in that the same waiver
would: be granted under sknflae. circumstances on other property for
another .applicant or own et.
.
A. Waiver Request:
A Wever to LDR Section 4.6;.6(D)-,, to allow the installation -of 1bdr (4). artistic
banners (5" X 30): to the*: existing. fono of the Community Re46valopment Agefl0y.s:
propert y 1.0c a . ted at,805VQ!0:Atlanffr, Avenue for the next two (2) years (May-2016)..
City Commission Meeting on May 7, 2013; Item 9.A.
ftbas th. eva!V re mwsft ta � 0 artist ba q N
.0r...Q -.0911OWthehis 11100011' Mot( A 101-1-n
(51 x: MY) to the e ng f0cp Pt. tN Community Redevelopment
Agenp--Y.J.s
. P . r6- peft 166916d at 805° Watt- Al4ntiq Av6fiu f6t the A oit two (2) y* 60
meet .airthd: requirements of 2.4.7(B)(5�
Yes f. No
3. The, Cit.y. COmm I
'ssion has the, C—OMpto qjVO Pic... :and L R
-applie hor!,
eboulteilidritd. in i6xi-m6he"'d & thi§: Urhd the. 6. ri hiM, ddyo,160 Mwdot 40pl.icabdn W.66
submitted an that its de(prminationt set: l6rt in this. Opdot aro.-Onin -11' i nt with the
d s s e . i
Gbmprehensive Plan.
4; The City Ourritnist-10n: 'flids thore It ample arid co-rhiJeliebt substantial
kanflEil
evidence to support. Rg-fiFidings- 1.n the rpqprO* s
ubmitted arid adopts the fects contained
'in :the record including bUt:hb.ttiM.R,O.d to' the'!ttaffrijobits,.tattihio.hy:o.f'.:e'-X-- -!rt d other
pe. s, an
,
competent witnesses tupp dingth,ps
I q: findings..
5. Ba*O:o.n thp, entire : record before A-, the City Commission.
. . approves
1pnies the.` waiver requpsfs-- to..LDR Section A&RD),
F. Baited on the entire record before it, the City: Commission hereby 9dopts
this 0 r h.. nth d
Me this_ T. of_ Mai;. by a vole pf
Chevollo. NOin, city Clark:
2
ands - 0 opposed,
Q
City Commission Meeting on May 7, 2013; Item 9.A.
i "N IN. TOO. CITY W.- MMISSIO..
CHAMBERS OF THE CITY OF
DELRAY 8.EAC*H,:FLORjDA
ORDER. OF TK-OITV COMMISSION
OF THE CITY-OF DELRAY BEACH, FLORIDA
WAILER REQUEST FOR. HYATT PLACF_
1. Thit-wWVerre.qUostcam- eb6f6re the C'lty-Co*mrniss16h on May. 7,2043.
The .Applicant an City, *a ; pf q§pnted documentary evidence nce and
testimony to the City Commisslon pertaining. tojhs waive Plac All
y. request for Hyst( -.e� A
case, Required: find
of the evidence. is a- port -of. the record in this findings are made in
adcdtdahOd with S-Ubsefutloft.- 1'.
I. WAIVER*: Pursuant to LbR Section: 24.7(R)'(5), Ofibir to 0.tahtlh.g. a waiver,, the!
approving laody shall make, a finding. that the 0. nt00.Qf' the waiver:
(0) Shall.not adversely affect th0.,nqlghbQrfng.;4rear'
(b) Shall ridt-significantly dirn- iniis"11 the provision of public lfacili Ids.
(cy. Shall not create an Unsafe situation,, and.,
(d) Does not result.- in the grant of a special privilage in that.. the .same
waiver WN id be -granted under similar circumstances. umstarces. on other
property for another
applic4nt.or own-sr.
A. Waiver to L0R' Section 4.3-..XV) L-2)(c)(1),
Pursuant to LDR Section 4.3,3(V)(2)(q)(1), a written requesHo establish-. a
stand4one, barwill. b6 Valid f6t a; period hot. to exceed 6 months. The
applidant, is asking for a. walVer to 41[ow: an.$)densiod of the time frame
from April,.20-1 3 t,01 October, 201.3,
Should the walvertp Sectfon 4,33(lV.)(2)(c)(1) bq.gr;!n.4Q;j?
Yes -V'
No
& The City Coirnmission has -applied the Comprehensive Plan and. LDR.
requirements in existence- at the time the original development application Was
May 7, 2013 City Commission Meeting; Item 9.8.
sOmitted'and VnOs.;.Abat its dote l0m. W. forth 'in t Is Order are consistent Amt.. bi
ComprehiMisiVO Plan.:
4. The Clt Y C. n: find 9. the
Is qm ple: Otid com
et
substantia
,bVidefte to. support its, fihdihgt in th'e hk6fd S'lijbibitt6d: and:adopts the fads b6hta:Irled
1n the ror, dihg lout -not H t: d - affre f erts A
.Otd MON. 1 le, tothest
po ts tes Im.cyny o eXP nd' Othor
� , �r . ti
.QW twif witnesses lww
P P ness or ing:t as fillid'i,
SO O.ased on 'the, entire Word.' b6ford. it, th6 City Commission
approves -v/ denies:. the. Walypr request.
6: Based, on the entire mco.N before it... the CO: Commission.' hereby adopts..
thig Otder thi.e 7th day of May 2013 by .a vote of .6 jhjAyor add. 0 6ppos6d.4.
ATTEST: P5b'tjDKG.Iidksteih, Mayor:
Cheveile Nubin, Qty Clerk
2
May 7, 2093 City Commission Meeting; Item 9.8.
IN THE CITY.. COMMISSION
C-HAMBERS OF THE UI.v Qr
DELRAY BEACK FLORIDA
OROER-OF THE CITY OOMIYIISSION RJEGAROINO THE WAIVER REQUESTS FOR
00MMU NITY'RIEDEVELOPIVIENT AOIENOY'S, PARKING. LOT
T. 1116te:Waiv6r, requests : came bef'&6. the City CdfftmissI66oh May :7,2013,
2; ThbL Applicapt, .acrd CI.N staff p ro _t. documentary evidence and
testimony to: the City Cornmission'for t consideration of two waiver in connection
ion
W th, the, 46. SW Avenue: ,C-`omMunJty Redevelopment Agency Parking Lot.. All of the
evidence is a part o # the: re'iord in this case. 116quitod findings ite.. rh ad6 in accordance
With. Sc bsedUoh. I.
I, WAIVERSP PUrsdAnt to LDR Section 2.4:7(B: }(5 },. pro r to granting a waiver, the
1
a0prOAho, bbd.y, shall hia6, a finding that the htih'of- the Waiver!
gra 9
(p�'
.Shall: not adv*0r$eIy alfo-6t.theneigh
boring area;.
(bj- SmI.] not -sign 0i the provision ubIle facilities-
-ifiPaq Wpl provisb of p
o Shall hot
create: 6n u4s
afo situation; and,
Does no t result tho
grant of a. specia phvileo.e: in that: the same
waiver w"ould. be. gmhied": Under Similar circumstances on o o
. r-
th
property for another applibant or owner.
A. Waiver: to Reduc& the Width. of thb: Point of Acdess` to ft Str66t: of thO
Pursuant to LIDR, Section 4.6,0(t) point of access to a street or
plipy: shall not: be less -thqq 24' f& a parking. Iot:4rjVeWay: aisle , The.
Ap(plicantftas requested to reduce the width of the point of ;access `td the
street of the porkirt, torn the q lot : driveway Way f
h. requlmd 24' to the proposed
fb the n SW %I Avenue.
for. oparkl 9 lot' locaiedd.ad j810
Should the waiver to reduce the width of the point of 'access to the street of
a.
the p*. ln**g iot.,driv Way from the required 24' to the proposed 22' for the
Portion: of tbo 0.arldog I.q !orated adjacent,to SW. 110- Avenue be, granted?
1 lop, .0
Yes No
1
City Commission Meeting on May 7,2013; Item 9.C.
S. Waiver to Reduce. the D rive Aisle:W id
th4ith Perpendicular Parkin
Purtuant.-to LO-R. 8edlan 446,9(0-,X4�(d) the teouirm-wildth fd' drive ais: 16
With pefpOnAcul r parking it,24'. The Ap p(le'ant. has. requested t
"die
the ddvo aisle: Width with perpendi
I . N THE CITY COMMIS.-S-10N.
CHAMBERS MBERS OF THE CITY- OF
DELRAY BEACH, FLORIDIA-1i
ORD-ER..OF THE Wy. COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA
WAVER REQUEST FOR THE SUNTRU
V. .1 .. I$T BANK-1,C.HICK-FIL-A PROJECT
These waiver :requests Came bdfbra! the: City Comfiiisslon on Ma y 7j 20 *1.3...
2.: The Applicant and: City staff presented documpniory evidence and,
testimony to the City Commission pertaining. to the waiver request for the S'unTrust
$Onk/C116R41- A, project at t a. southwest corner' of Fed eral Highway and; Linton
ElbuieVard. Ali'. of the .evidence is a part df tire. 'record. . i this. case. Required finding's
are rhade in accoedance with Subsection I.
L. WAIVERS.- Pursuant: to LQR Section 2.4.7 13)(6), prior. tqgrpritin
I g.p. waiver, the
-approving body shall make a finding.. that 'the -9- rahtind of the walVer:
Shall not:adversely affect the neighboring area;
ig. is
a t s n cantly d1imirl" h the -provision of- pvblic: fac lities;
(q). 'Shall not create an unsafe situation.; -a rid.,
(d) Does: not result ihthibi: grant 6fa-s"*pecial privilege i'n that th:e**:same
waiver would be grani6d under similar birWurnstances on Other
property for another applicant or Owner..
A, Waiver to LQR section 4.4.12(r)(2
Pursuant to LQR Section ; 4:4.12(F) {2), .any froe= standing. structure
:shall
have: a minimum. floor area of 6,00.0- square feetT shall* be architecturally
compatible. with other st r pt re s tak e access from the interior
cmul-ition system of the dev0domdrit: and: shall be able to meet all code
I r if it Were to 'b_ . a re Architectural
equ.1 e situated 0h aft olutp '..01
co potibIlI ty shall be determined
pursuant -to: $action. 4.1618.
The applicant i asking for a Waiver to allow -a. free - standing building to.
a P: S
havd:a'rhihi M*uM floot'area of less than 6,.000 square feet..
Should the Waiver to Section 4.4.12(F)(2) be granted?
Yes No
I
City Commission Meeting on May 7, 2013; Item 9A
F
B;. Waiver to LDR Section 4A9Q)(,3)(cjL.j:
PUrsuaritA61DAS-Octl 4A9_.(D)(3) ti e Min' m um st ac ing distance.
hetWeOn a.. right- Of-WmY OW th". pal rig space or :aisle ` - yin in a
.8 Ifty feet.,(50
parking: lot.t -r. ns-51 or Mo. e
The. 'ap'pl.icant is asking for .6, waiver to reduce the gt4bkho, distahbb to'
f,Q:rty.- feet k40) froffit 00hibb Boulevard and thirteen feet (13 ) from Federal
r e 8
Highway.
Should, the waiver to Section grain.jed?
Yes No.
The: City G'.ornmission hat appilled. tho -C6rhpre*he.ns*ive. P16h And LDR
requirements in existeilpe at the tirino the. ongirial Wa
development. botN. ort. 'g..
Opment OPP1.,
submitted and Ih.ds; that its dete ririinatlori k set forth in this. 00d ameoris . stent,Wth, the:
Comprehensive Plan...
Pity Cwrpisslon finds there. is -:ample and competent substantial
OvIdence to Wpoort.-Its, findings Inthe record submitted ai-.fd .adopts the: fad cdntajned
in the. record inpipdIng b not f lirXiited t P the s taff rep Ortsi--t Rs moy-Qfe xp erts and other
competent Witnesses -su'p'Portirt.O.-.th' '. 6-fiM1006%.
5. Base entire r it- the, City: Corn
Based on the Ooo.rd �efbr.a Mission
approves V' denies . the, waiver request.
Based a..ry lhp ent - 1r. afore: J, the ,rn.missan is
hereby adqpts
this Order this 7th clay- of May 2013,. by.AVO-te of. "ID nor and 0. -opposed.
ATTEST'
Chevolle, Nubih, City Clerk
1
n-, 140yor
City Commission Meeting on May 7,2013; Item 9-D.