Loading...
08-06-13 Regular Commission MinutesAUGUST 6, 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, August 6, 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 Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Regular Meeting of July 9, 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 moved to approve the Minutes of the Special/Workshop Meeting of July 16, 2013, 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. 5. PRESENTATIONS: 5.A. Florida Association of City Clerks (FACC) President — Lori McWilliams presentation to City Clerk, Chevelle D. Nubin Susan Owens, incoming Southeast District Director of the Florida Association of City Clerks (FACC) and Town Clerk for the Town of Palm Beach, introduced the FACC President Lori Williams and other City Clerks and Deputy City 08/06/13 Clerks from surrounding communities. She thanked Mayor Glickstein, the City Commission, and City Manager for the opportunity to recognize Chevelle D. Nubin for her service as Southeast District Director from 2011 to 2013. Lori McWilliams, Village Clerk and PIO for the Village of Tequesta and FACC President, gave comments as well as Virginia Walton, Village Clerk, Village of Palm Springs. Ms. Owens read a resolution into the record and presented it to Chevelle Nubin. Chevelle D. Nubin, MMC, came forward to accept the resolution and gave a few brief comments. S.B. Recognizing Delegates from Moshi Tanzania Mayor Glickstein read and presented a proclamation recognizing Delegates from Moshi, Tanzania into the record. David Schmidt, President of Sister Cities, recognized the Delegates from Moshi, Tanzania who are spending the week here. Mr. Schmidt stated their organization received a grant through the Gates Foundation and they have been working with Moshi to implement a program of solid waste pickup in an area of the city that did not have any. He stated when they were there last November to inspect it and do the report they had discussions about exploring opportunities between the cities for Art and Artist Exchange, Economic and Business Development, and possible implementation of a recycling program in Moshi. Mayor Glickstein read the proclamation to the delegation into the record and presented the proclamation to the delegation. S.C. FY 2014 Proposed Budget Presentation David Boyd, Finance Director, stated this is the City Manager's proposed 2014 budget for the City of Delray Beach. Mr. Boyd stated the total budget that is being proposed is declining around $17'/2 million or 10% due to two large capital projects in 2013 that the City will not have in 2014 (Beach Renourishment and Federal Highway Beautification). He stated the General Fund is increasing $3j— lion (3.2 %0) and all the other funds are declining from 2013 -2014. Mr. Boyd stated the property taxes includes expected current year and prior or delinquent collections that the City has in 2014 50% of the total budget; the second largest revenue item is other taxes which includes utility and communication services taxes (10.7% of the total budget); charges for services which include program and recreational charges, interlocal agreements; parking fees, etc. (over 70% of the budget). Mr. Boyd stated the total proposed General Fund budget is $99,649,000 ($3.1 million increase; 3.2 %). Mr. Boyd stated the significant funding changes in this budget are (1) the Police and Fire Annual Funding; annual required projected contribution is projected to 2 08/06/13 increase to $1.6 million; employee raises $791,000; the City Manager's contingency in the current budget is $35,000 and staff proposes that it be $250,000 and it is an expense but it is the CRA transfer and is offset by revenue but that will increase by $787,000. He stated overall the General Fund budget increased by $3.1 million. Mr. Boyd briefly reviewed some departmental highlights and noted that all departmental budgets include the proposed 5% general employee and SEIU pay raise. Mr. Boyd stated the City Manager's budget is declining primarily due to a budgeted termination pay for two long- term employees in this current fiscal year and includes amounts allocated for economic development which increased to $300,000. He stated the PIO budget is increasing 25% and includes the News for Neighborhoods and Hometown Connection Publications; the City Attorney's budget is increasing to restore the outside consulting budget which was reduced significantly in the 2013 budget; the IT budget is increasing which reflects an increase in software licensing fees and some increased maintenance costs; the Police budget is increasing 7% but it is $1.8 million which reflects a $1.1 million increase in the annual required contribution of the pension fund and the funding of four (4) unfunded sworn police officer positions; increase in vehicle maintenance; the fire budget of $540,000 is an increase in the annual required contribution of the pension. plan; for Planning and Zoning, the largest single increase is for outside consultants to update the LDRs; Community Improvement has additional funding for unsafe demolitions and board ups of unsafe structures and the unfreezing of a building inspector position in 2013. Mr. Boyd stated the largest portion of the budget increase for Public Works is the trolley maintenance; for Parks and Recreations, other than the proposed salary increases, there ate small increases which include maintenance contracts; small capital requests; fuel cost increases, etc. He stated the Parks and Recreation budget is about $13 million and has three components: (1) Parks and Recreation/Operating, (2) tennis operations, and the (3) cemetery and 9% of the total budget and the tennis center and cemetery make up the remaining portion of that budget. Mr. Boyd stated the miscellaneous budget is the proposed increase in the City Manager's contingency budget. For the benefit of the public, Mayor Glickstein asked Mr. Boyd to explain the transfer out line item. Mr. Boyd stated this line item includes numerous individual components. Mr. Boyd stated there is a decrease in the transfer out of $585,000 to the General Construction Fund; there are two increases $787,000 is the transfer to the CRA and is the increase based on the City's tax revenues and $235,000 is an increase in transfer to beach restoration for the debt service on the monies the City borrowed to do the beach renourishment. Mr. Boyd briefly spoke about the Special Revenue Funds and stated it is dependent upon the grants the City gets from other funding agencies.. He stated that total budget is expected to drop 38% ($1.4 million). Mrs. Gray inquired about the pedestrian improvements for East Atlantic Avenue. The City Manager stated staff will give the Commission the project detail when they discuss the items in more depth at the next Workshop meeting. Mrs. Gray asked what is in the reserves today. Mr. Boyd stated as of the end of last fiscal year there is a little over $5 million and part of that will be used in this year's operations. Mr. Boyd stated the General Fund as of the end of last fiscal year had an unreserved fund balance of $20 million (22% of the annual operating expenditures). He stated during the last budget 3 08/06/13 cycle the Commission set a tentative figure of 19% so if the City ends this year with a surplus staff will add to that and propose to use some of it for 2014. Mrs. Petrolia asked for further explanation of the word "uncommitted". Mr. Boyd stated that is where the. fund sources were slightly more than the total expenditures. Mr. Boyd stated the Enterprise Funds includes water /sewer, municipal golf, Lakeview golf, the marina, sanitation, and stormwater. He stated this budget overall is declining due largely to the stormwater; there is no proposed rate increase in water and sewer rates going into next year. Mr. Boyd stated overall this budget is declining 5.5% and down $2.7 million. Mayor Glickstein inquired about stormwater. Mr. Boyd stated he is not sure what projects they did this year that they are not doing next year. Mr. Jacquet stated he is glad to hear about the 5% increase for general employees and SEIU employees who he feels deserve it. Mr. Jacquet thanked Mr. Boyd and Mr. Chapman for their work on the budget. Mrs. Petrolia thanked Mr. Boyd and Mr. Chapman for their work on the budget and stated she too is appreciative of the 5% raise; however, she would like to know how that raise is going to work and it is important for the citizens to understand that there is going to be value added if the City is going to be increasing the overall amount that they are going to be paying as far as taxes are concerned in the bottom line of their taxes. Mrs. Petrolia stated at the last meeting there was discussion about a property tax presentation of $49 million and on this it is $49.8 million. Mr. Boyd stated that amount includes what the City expects to collect in delinquent taxes. Mrs. Petrolia commented about this being a transitional budget year and would like to see the City dive a little deeper to where our tax dollars are going and making sure that the City is giving the taxpayers the value added since Delray Beach .s one of the highest tax rated cities in this area. Mrs. Gray commented about the proposed budget and stated this is a great start. Mrs. Gray stated she is happy to see that there are going to be raises for employees and asked if Code Enforcement has the staff that they need. Mayor Glickstein asked if that contemplates additional Code Enforcement personnel. The City Manager stated it. is the same staffing level as this year. Mrs. Gray stated the City has been doing a wonderful job with the reserves ($20 million) but feels the Capital Improvement Program (i.e. infrastructure, etc.) is very important and should consider looking into. this. Mrs. Gray inquired about the grant dollars in the General Fund. Mr. Boyd stated certain grants such as CDBG in Neighborhood Services go on from year -to -year at different levels. Mrs. Gray asked if the City is maintaining the maintenance of the trolleys. Mr. Boyd stated the City KI 08/06/13 maintains the trolleys. Mr. Frankel stated the Public Works budget increase of $254,000 is greatly due to the trolleys. He suggested that the Commission hold a Workshop meeting to discuss a proposed fee for the trolleys. Mr. Frankel stated he is glad to see the proposed 5% increase for the general and SEIU employees; however, he inquired about the Police and Fire employees. The City Manager stated staff is currently in negotiations with the Police. Mayor Glickstein inquired about the budget with the line item detail and asked when will this be available to the public and Commissioners. Mr. Boyd stated this is currently available on the website. Mayor Glickstein suggested that there be a budgeting plan that can be improved on with structure, protocol, time tables, and deadlines, that demonstrates real world financial process in real time instead of doing it in arrears as is done. Mayor Glickstein stated the Commission had previous discussion that when they get through this budget the time to start on next year's budget is now and having that plan in place is a big part of that. Mrs. Petrolia asked why the Commissioners account decreased by 28 %. Mr. Boyd stated it was a reduction in the amount budgeted for lobbying services. At this point, the Commission moved to Comments and Inquiries on Agenda and Non - Agenda Items from the City Manager and the Public Immediately Following Presentations. b.A. City Manager's response to prior public comments and inquiries. With regard to Mrs. Gray's concern she expressed at the July 9, 2013 City Commission meeting, the City Manager stated the City is working with FEC to make sure that the City's interests are looked at. The City Manager stated the City has nine (9) potential grade crossings and could end up having an exposure of $2.5 million relative to those grade crossings. He stated City staff is aware of the initiative and involved in making sure that the City's interests are looked after in terms of the FEC line. Secondly, the City Manager stated Mrs. Gray inquired about the Palm Beach County Healthcare District and Mrs. Butler has attempted to have a tele- conference with Mr. Romanello and is scheduled to talk to him on August 15, 2013 with respect to the four (4) clinics that they are taking over in Delray Beach. With regard to Mrs. Petrolia's concern about The Office restaurant, the City Manager stated The Office had an active appeal on their sidewalk cafe which was denied in 2011 and received a waiver to sidewalk cafe approved by the City Commission on a 4 to 1 vote. The City Manager stated the size and number of tables were reduced on the northeast side. Staff continues to work with Clean and Safe to ensure that the five (5) foot clearance is being maintained. 08/06/13 The City Manager stated with regard to the Digital Divide Project the new contact is Mr. Michael Butler, Director of Network Services for Palm Beach County and they have deployed all the radios for the Delray Beach Digital Divide and are continuing to monitor it on a 24/7 basis within their network operation center. The City Manager stated the project is mostly complete with the majority of the towers up and running. The Wi -Fi Network name is "Sky Delray" and they are broadcasting three signals: one for public use, one for school district use, and one for internal county use. Mrs. Gray asked if this should be up and running by the time school starts. The City Manager stated they should be up and running by the time school starts. With regard to Mayor Glickstein's concern over the City's budget and why the microphone on the dais is not working, the City Manager stated staff has had an assessment done and the City will be making some upgrades to the entire sound system in the Commission Chambers. The City Manager informed Mr. Jacquet that the City put a bike rack on the north side of the library. With regard to Mr. Frankel's concerns about charging a fee ($1.00) for the trolley, the City Manager stated staff has consulted with the funding agencies and believe that they can charge a fee associated with the trolley. The City Manager stated it would be up to the City Commission if they would like to charge a fee. He stated staff has logistical concerns because the trolleys are not set up to accept fees so staff would end up having to work out the logistics of accepting a fee. Mayor Glickstein asked that this be placed on a Workshop Agenda provided that the City Attorney is concluding that the City can charge a fee. With regard to Mrs. Petrolia's concern about motorcyclists on the sidewalk, the City Manager stated the Chief of Police has assured staff that when a police officer sees those violations that the ticket will be written. Lastly, with regard to Mr. Blum's comments regarding the Regal Cinemas, the City Manager stated the City has had discussions with them; however, cannot ultimately control the mix. The City Manager stated the City has expressed to the landlord that the City values the theatres but staff feels they are going to move forward with their plans to turn it into an LA Fitness. 6.B. From the Public. 6.B.1. Pauline Moody, 609 S.W. 8u' Avenue, Delray Beach, FL 33445, asked if the City can provide copies of the budget to the public. She asked if the City counted into the budget the money the City is spending on the Waste Management issue. Secondly, Ms. Moody stated Mr. Jacquet commented that the lobbying services should come out of the City Manager's fund. She stated when it comes to hiring a lobbyist it should come out of both the City Manager's fund and the City Commission It 08/06/13 fund. Ms. Moody urged the Commission to assess it better to equal it out. Ms. Moody expressed concern that Mr. Frankel proposed a $1.00 fee to ride the trolleys. Secondly, Ms. Moody stated with regard to the budget why the Police pension is higher than the Fire is. 6.B.2. Steve Blum Antilles Homeowners' Association 115 Venetian Drive Unit "C", Delray Beach, FL 33483, stated lots of people assume incorrectly that the Gateway to Delray Beach is 1 -95 and Atlantic Avenue and noted that A -1 -A is the Gateway to this city. Mr. Blum stated the pavilion on A -1 -A should be the showcase for Delray Beach and noted it is an eyesore and the steps going down to the beach are rotten and a health hazard. Mr. Blum stated the Beach Property Owners Association (BPOA) donated $60,000 approximately three years ago for the pavilion and nothing has been done. 6.B.3. Michael Weiner, Weiner, Lynne & Thompson, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (representing Oceanside Beach Service ), stated he has important things to add with respect to the City Attorney's memorandum with respect to RFP's. He requested 6 minutes to speak on Item 9.B. because the Commission will be discussing something that will be turning the RFP process upside down. 63.4. Elliot Goldenberg, 2461 South Coral Trace Circle, Delray Beach, FL 33445, stated he sent an email to the alarm registration division for his home alarm registration and also copied the Mayor, City Manager, and the City Attorney regarding password security. Mr. Goldenberg stated he was surprised when he received his letter for the annual renewal and noted that it has his account number and his password spelled fully out. Mr. Goldenberg suggested that there be encrypted passwords because he feels the passwords are not secure. Mr. Goldenberg asked that his account be deleted from the online payment until security is increased. 63.5. Dr. Craie Spodak, 904 N.E. 2nd Avenue, Delray, Delray Beach, FL 33444, applauded the Commission for their commitment to the city. Dr. Spodak urged the Commission to adopt a Bike and Pedestrian Task Force and the sole purpose of this would be to make sure that the sidewalks and bikeways /pathways are interconnected. 6.B.6. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, asked the City Manager for a status update on the Arts Garage negotiation contract. Secondly, Mr. Warner stated instead of using Mr. Boyd's words which is the purpose of the budget is to determine what is "necessary or beneficial" he prefers the words that are endorsed by the National Association of Municipal Finance Managers "essential services and non - essential services ". He stated there has been no consideration given to the possibility of cutting or reducing non - essential services. Mr. Warner expressed concern over the Commission comments "dropping the millage rate is remote" 7 08/06/13 if they have not been able to dig into the budget. He suggested that the City reduce spending for the City's budget in order to lower the millage rate. 6.B.7. Gail Lee McDermott 721 S.E. 3`1 Avenue Delray Beach FL 33483 thanked the Finance Director for his presentation of the City's proposed budget. Secondly, Ms. McDermott stated Osceola Park residents have a regularly scheduled meeting every month and asked if Phase I is Art in the Alley I or Art in the Alley H. She stated possibly Phase I was Art in the Alley III where after residents cleared the alley rather than the City removing the trash piles at the alley entrances as requested, the City sent equipment to push it back into the alley. She stated residents were to clear the alley again after the City equipment undid their work so that Art in the Alley III could be celebrated and the City did later remove it. Ms. McDermott invited the Commission to attend the Osceola Park meeting on the last Wednesday of the month at 6:30 p.m. at the Delray Beach Community Center and stated Osceola Park would like an explanation about Phase I. 6.B.8. . Mitchell Katz 4569 Danson Wgj, Dclray Beach FL 33445 thanked the Commission for seeing that the 104 page budget is placed on the City's website and stated an average citizen is not going to understand it. Mr. Katz suggested that instead of having one PDF that there be one PDF for each department or each line item so that it is a little easier for the public. He thanked the City Manager for trying to keep the budget for Parks and Recreation the same. Mr. Katz stated what is essential and non - essential is a matter of everyone's opinion. Secondly, Mr. Katz stated with regard to Line Item H (Bid dispute) he sent an email after the Commission made that decision and he gave his opinion on the law firm the City hired. He stated he agrees 100% with the bid protest and feels that the law firm is unprofessional and it is a waste of money. Mr. Katz stated it is a waste of money and none of the law firms is going to solve our problems in Washington, D.C. He suggested having dialogue with the local Congressional leaders and have them to do something. 6.B.9. Alexander Christopher, 622 Davis Road Delr#1 Beach FL 33445 stated the tennis center's budget is well over $3 million and 75% of the time the tennis center is just sitting there empty. Mr. Christopher stated he would like to know what the City is going to do to gain some revenue so they can decrease the budget. 6.B.10. Bob Gan er Chairman of the Florida Coalition for Preservation located in Delray Beach stated upgrading the microphones is a good idea; however, Mr. Ganger stated more importantly is the technology we use in our assessments of major development projects. He stated for two years he has talked about conditional uses and the fact that every project that comes forward that is large asks for a conditional use, more height, more density, more intensity, more cars, etc. Mr. Ganger stated it appears that the City is going to reassess the Downtown Master Plan, the Comprehensive Plan, and the Land Use Regulations. He stated there was an editorial in the Palm Beach Post about West Palm Beach doing the same thing and the editor said "they are only looking at 8 08/06/13 one project at a time." Mr. Ganger stated the City of Delray Beach has five (5) projects: (1) Sofa Building 41 & #2, (2) The Strand, (3) Uptown Delray, and (4) Atlantic Plaza II (a/k/a Atlantic Crossing). Mr. Ganger stated the technology is there for us to do a 3 -D model of what this whole thing is going to look at. He stated essentially this is the Downtown Master Plan and this is what we are going to do if all these projects are approved but the average layperson does not know what it is going to look like. Mr. Ganger suggested that there be a computer assisted model where you could drive through the new Delray and one will be able to see the height, the density, and the structures and begin to get a feel if this is what the City wants. Mr. Ganger stated instead of just looking at one project at a time looking at them all in aggregate would be a real help for everyone. At this point, Mr. Jacquet recognized Bishop Kevin Hardy from Resurrection Life Church who has been attending the Commission meetings and keeping the community informed. 6.B.11. Bob Schwartz 555 S.E. 6th Avenue 41 -G Delray Beach FL 33483 otiva- Consensus LLC stated they downloaded the most advanced architectural thing and can now do massing and morphing where they can work with the architects that are involved in these adjacent projects and using their plans and figures they can make models which can be adjusted. Secondly, Mr. Schwartz stated he agrees with the terms essential and non- essential except he does not agree with the definition of essential. He expressed concern over the Regal 18 Cinemas being replaced by an L.A. Fitness. Mr. Schwartz stated there are a tremendous amount of people who use the theatre. Lastly, Mr. Schwartz commented about the pedestrian walkway and stated there are ways that would not involve reducing parking spaces along Atlantic Avenue. Mr. Schwartz stated weekdays are different than weekends and nights and feels if there was a pedestrian walkway the businesses would have walk -in traffic. Also, Mr. Schwartz stated the trolleys should be free. 6.B.12. Peter Arts, 1746 Fern Forest Place Delray Beach FL 33445 (Plastridge Insurance), stated Brandon Lynch was also present and commented about Item 8.J., Contract Agreement with Preferred Governmental Claim Solutions (PGCS) for Insurance Third Party Administration (TPA) on the Agenda. Mr. Arts read a brief statement into the record.. 6.B.13. 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 Item 9.13. (Opinion Regarding the Ability to Amend the Beach Cabana Contracts) and stated this is for political retribution. 9 08/06/13 7. AGENDA APPROVAL. Mrs. Petrolia requested that Item 8.1, Contract Agreement with Ascension/Em to er Mutual Inc. for Insurance Broker/Agent, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel requested that Item 8.L., Special Event/Twilight Bicycle Race and Festival, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. The City Attorney requested that Item 9.A., Conditional Use Requests/Uutown DeIray be postponed to the regular meeting of October 15, 2013 and Item 10.A, Community Development Block Grant (CDBG) Consolidated Annual Action Plan FY 2013 -20149 be removed. Mr. Frankel moved to approve the Agenda as amended, 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. At this point, Mr. Jacquet addressed the comment expressed by the last speaker from the public regarding Haitian Americans and stated he found it to be racist and the political mindset from which he made it was extremely inappropriate. Mayor Glickstein concurred with comments expressed by Mr. Jacquet. 8. CONSENT AGENDA: City Manager Recommends Approval. S.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 July 18, 2013. S.B. FINAL BOUNDARY PLAT APPROVAL/DELRAY PLACE: Approve the final boundary plat for a new commercial shopping center being platted as Delray Place located at the southeast corner of Linton Boulevard and South Federal Highway. 8.C. ACCEPTANCE OF WATER EASEMENT DEED /420 SOUTH CONGRESS AVENUE: Approve acceptance of a water easement deed for the installation of a new water and fire service line for the property located at 420 South Congress Avenue. 8.D. HOLD HARMLESS AGREEMENT /425 N. E. 8TH AVENUE: Approve a Hold Harmless Agreement with Susan and David Pesso to install a fence and landscaping for the property located at 425 N.E. 8" Avenue. ME, 08/06/13 8.E. REQUEST FOR SIDEWALK DEFERRAL /961 JASMINE DRIVE: Approve a request to defer the installation of a sidewalk in front of 961 Jasmine Drive. 8.F. REQUEST FOR SIDEWALK DEFERRAL /923 SEAGATE DRIVE: Approve a request to defer the installation of a sidewalk adjacent to the right -of -way along Seagate Drive for a proposed single family residence at 923 Seagate Drive within the Seagate Beach Overlay District. 8.G. REQUEST FOR SIDEWALK DEFERRAL /344 NORTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk along Seaspray Avenue located at 344 North Ocean Boulevard within the North Beach Overlay District. S.H. REQUEST FOR A SIDEWALK DEFERRAL /1110 BAUHINIA ROAD: Approve a request to defer the installation of a sidewalk adjacent to the right -of- way along Bauhinia Road for a proposed single family residence located at 1110 Bauhinia within the Seagate Beach Overlay District. S.I. REQUEST FOR SIDEWALK DEFERRALS /1101 SEASPRAY AVENUE: Approve a request to defer the installation of two (2) sidewalks along Seaspray Avenue and Beach Drive located at 1101 Seaspray Avenue within the North Beach Overlay District. S.J. CONTRACT AGREEMENT WITH ASCENSION/EMPLOYER MUTUAL INC. FOR INSURANCE BROKER/AGENT SERVICES: Approve a contract agreement with Ascension/Employer Mutual Inc., at a fixed annual fee of $37,500.00 for insurance broker /agent services. Funding is available from 551- 1575 -591- 45.20 (Insurance Fund: Insurance /Claims Handling Costs). S.K. RESOLUTION NO. 16 -13: Approve Resolution No. 16 -13; amending Resolutions 05 -11, 55 -09, 58 -09, 23 -08, and 63 -07, which established and clarified the responsibilities of the Financial Review Board and its member requirements, in order . to dissolve the board. The caption of Resolution No. 16 -13 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 05 -11, 55 -09, 58 -09, 23 -08, AND 63 -07, WHICH ESTABLISHED AND CLARIFIED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, IN ORDER TO DISSOLVE THE BOARD; PROVIDING FOR AN EFFECTIVE DATE. 11 08/06/13 office.) (The official copy of Resolution No. 16 -13 is on file in the City Clerk's 8.L. SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle Race, sponsored by RAC Event Productions to be held on March 22, 2014 from 8:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4:00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff support for traffic control and security, EMS assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of applicable City costs, plus 5% administrative fee for an estimated total of $15,475.00. 8.M. PROCLAMATIONS: 1. Fire Fighter Appreciation Month — August 2013 2. Florida Water Professionals Week — August 12 -16, 2013 S.N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 22, 2013 through August 2, 2013. 8.0. AWARD OF BIDS AND CONTRACTS: 1. Bid award to ECO Engineering Service, LLC., the sole source, in the amount of $110,660.00 to install Flex -Pave tree grate material in 182 tree bases on Atlantic Avenue from A -1 -A to N.W. /S.W. 12a' Avenue and on Pineapple Grove. Funding will be provided by the Community Redevelopment Agency. 2. Purchase award to HD Supply Waterworks in the amount of $45,921.55 for water main materials to be installed by the City's in -house construction crew for the North Lake Ida Area Water Main Project. Funding is available from 442- 5178 -536- 68.64 (Water & Sewer Renewal & Replacement Fund: Improvements Other/North Lake Ida Area Water Main). 3. Purchase award to Hall -Mark Fire Equipment in the amount of $278,009.00 for one (1) replacement Rescue Ambulance. Funding is available 501- 3312 -591 -64.25 (Garage Fund: Machinery/Equipment/Heavy Equipment). 4. Purchase award to CDW -G in the amount of $17,556.00 for seven (7) business rugged laptops with docking stations and wireless access. Funding is available from 001- 2115 -521 -64.11 (General Fund: Machinery/Equipment /Computer Equipment). 12 08/06/13 Mr. Frankel moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. CONTRACT AGREEMENT WITH ASCENSION/EMPLOYER MUTUAL INC. FOR INSURANCE BROKER/AGENT SERVICES: Approve a contract agreement with Ascension/Employers Mutual Inc., at a fixed annual fee of $37,500.00 for insurance broker /agent services. Funding is available from 551- 1575 -591- 45.20 (insurance Fund: Insurance /Claims Handling Costs). Edward DeMicco, Risk Manager, stated this item is consideration of approval to enter into a contract agreement with Ascension/Employers Mutual, Inc. for insurance broker agent services. Services will be provided for the period of October 1, 2013 through September 30, 2016 at a fixed annual fee of $37,500.00. Mr. DeMicco stated the recommendation is to consider the approval of the selection committee ranking responses for the RFP #2013 -41 and authorize staff to enter into a contract agreement with Ascension/Employers Mutual, Inc. for the City's insurance broker /agent. Mrs. Petrolia read a brief statement into the record expressing concern over the City's insurance carrier. For the record, Mrs. Petrolia stated she is 100% in favor of bidding everything but feels this is a little different because she feels that the Commission is putting themselves in a very risky situation considering we are not giving them enough time to jump on; she does not feel the City did a good job on the RFP because the Commission ranked the brokers according to what they are going to be paid. Mrs. Petrolia expressed concern over what the insurance costs will be. Mr. DeMicco stated the purpose of the broker bid is for the broker to go out and approach the market to place those insurances. He stated they have to approach the companies out there that are willing to place those insurances and currently they have FMIT through the Florida League of Cities. Mr. DeMicco stated there will be a 4% decrease of what the city spent for the total program the city spent last year. The City Manager stated the Commission shares Mr. DeMicco's concerns about the quality of the product. The City Manager stated it is a proper methodology for the City to bifurcate the issue of broker versus fee to separate them out and make the issue of broker a transparent issue. Mr. DeMicco stated as Risk Manager for the City of Hialeah instead of doing the two -step process of first hiring a broker and then going out and placing the insurance, they would just put it out to the market. Mr. DeMicco stated it was their duty to convince the insurance companies to put their name as the broker in the RFP when it was presented to the City of Hialeah. 13 08/06/13 Mayor Glickstein confirmed with Mr. DeMicco that there will be. no holes in coverage. In response, Mr. DeMicco stated he is confident of that especially if the company providing the insurance is FMIT. Mr. DeMicco stated the winning bidder Ascension/EMI was the only company out of the seven (7) that proposed a fee basis for their proposal and explained that the $37,500 is a flat fee. Mrs. Petrolia stated it is significantly cheaper in the cost of the broker and commented about the 4% discount and the figure for the insurance. The City Manager stated the components that comprise how the City is rated will not change. He stated the City's components such as experience and claims do not change. Mrs. Gray inquired about the amount of money the City is paying now for the agent. Mr. DeMicco stated when the RFP went out there were quotes for the component of price from all seven (7) of the respondents. Mr. DeMicco stated the bottom end was $37,500 and the top end was $115,000. Mrs. Gray inquired, about the 4% decrease. Mr. DeMicco stated that is not a formal quote; he reached out to FMIT (current company providing the insurance with the City at the time) and since the renewal is October 1, 2013 they have run the numbers. Mr. DeMicco stated the insurance premiums are based upon the previous claims history and that is what the company does to assess the risk and the actual cost of what they are willing to provide the insurance for that price. Mr. DeMicco stated as Risk Manager for the City and because FMIT was the incumbent insurance company was able to give him an indication of what they project based on the claims experience of what the renewal price will be. He stated the indirect quote indicates that the City will receive a savings of 4% but the actual number they will not know until they receive a formal quote. Mrs. Gray asked if this contract gone out to bid. The City Attorney stated there was an RFP and the Commission evaluated the participants and selected Plastridge. Mr. DeMicco stated the contract for the broker expires September 30, 2013; the insuranceportion of it expires a tember 30 2013 October lst._renewal t Mr. Frankel asked what other municipalities use Ascension/EMI services. Mr. DeMicco stated the City of Boynton Beach, Town of Palm Beach, the City of Port St. Lucie, and City of Stuart. Mr. Frankel inquired about the City's coverage. The City Manager stated it is the exact same coverage the City currently has. Mr. Frankel stated in February 2013 this item was on the Consent Agenda for the renewal of a year and does not recall any complaints or comments. He stated consistency is of the utmost importance and if the City is not going renew contracts and go out to bid then the City is going to have to do that for everyone. 14 08/06/13 Mr. Jacquet moved to approve Item 9.A. (formerly Item 8.J.), seconded by Mrs. Gray. Prior to the vote, Mr. Frankel stated if this does go forward he does not believe there should be 0 and 5th year options but that it be for three (3) years. Brief discussion ensued regarding the 4th and 5th year options. Mr. Frankel stated he will not support any options based on the actions of the Commission. Mr. Jacquet stated the Commission discussed automatic renewals not the options. For clarification, Mr. Jacquet stated there will no longer be automatic renewals but the Commission will make the decision on what to do with it and the Commission has had the idea that they want everything to go out to bid. Mr. Jacquet stated he would like to amend his motion to read: Mr. Jacquet moved to approve a three (3) year contract upon which it will come back to the Commission or will go to RFP. The City Attorney stated the language is already there for that because it states "renewal upon approval by the City." The City Attorney stated staff is not going to be able to renew it and it would have to come back before the Commission. He stated if the Commission would like to remove that language allowing for the 4th and the 5th year the Commission could do that now. Mr. Jacquet stated this will come back to the Commission regardless and confirmed that there is no automatic renewal. Mr. DeMicco stated he is required to come back at the end of three years and at that time the Commission would decide whether or not at that time to go out for an RFP. Mr. DeMicco stated if the City decides not to, he can give the price for the 4th and 5th year. The City Manager stated it is nice to have the option; however, it still ends up being the Commission's final determination. He stated the fee will be declared upfront and give the City the opportunity to evaluate the service and if the City finds that it is not to our taste then staff can recommend to go out for an RFP. Mr. Jacquet stated he would like to withdraw his amended motion and remake his original motion: Mr. Jacquet moved to approve Item 9.A. (formerly Item S.J.) as is with the option to come back to the Commission, 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 passed with a 5 to 0 vote. Prior to the vote, it was the consensus of the Commission to hear dialogue from Plastridge Agency and Ascension/EMI. 15 08/06/13 Brandon Lynch, Plastridge Agency, stated Plastridge has been a contracted agent with FMIT for ten (10) years versus somebody that is going to add their fee on and they have no access to the actual company. Mr. Lynch stated the FMIT will be writing the City direct and the broker they choose will be adding on a fee on top of that. Mr. Lynch stated per their contract with FMIT they are still going to pay Plastridge a fee for handling the insurance for the City. He stated the current broker represents other local municipalities but they have one that FMIT writes and they add their fee to which is the Town of Palm Beach for ten (10) months. Brief discussion between Mr. Lynch and the Commission followed. Mr. Lynch stated in their initial contract it said "not to exceed $125,000" and when they did the RFP they dropped that down to $115,000 even though their fee for 41h years has never exceeded $95,000. At this point, there was brief discussion by Mr. DeMicco. Kevin Cothron Ascension Benefits/EMI stated FMIT approached him wanting to partner with his company and services because they have a reputation for being a service based entity. Mr. Cothron stated they do not accept commissions or contingencies; the only payment that comes to them is what is paid either through the city direct or it if tacked on to the premium. He stated there is a choice of $115,000 or $37,500 in addition to the premium whether the City chooses to pay that direct or have it on the invoice from FMIT. 9.A.A. SPECIAL EVENT REQUEST/ TWILIGHT BICYCLE RACE AND FESTIVAL: Approve a special event request for the Delray Beach Twilight Bicycle Race, sponsored by RACE Event Productions to be held on March 22, 2014 from 8:00 a.m. to 10:00 p.m.; grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of the bike race route noted in the staff report from approximately 4.00 p.m. to 10:00 p.m. on Saturday, March 22, 2014 and use of Worthing Park; and authorize staff support for traffic control and security, EMS assistance, fire inspection services, and event signage; contingent upon the conditions of approval listed in the staff report. The event sponsor is responsible for 100% of applicable City costs, plus 5% administrative fee for an estimated total of $15,475.00. Robert A. Barcinski, Assistant City Manager, stated this . is the Twilight Bicycle Race ld he on Saturday, March 2-2-,-2 0---l-4 from 4:00 p.m. -10:00 p.m. Mr. Frankel stated for the first event he was a sponsor but expressed concern over the closure of Atlantic Avenue on a Saturday in the middle of season. Mr. Frankel stated he is not against the event but cannot support March 22 °a Mr. Barcinski stated the event is from 4:00 p.m. - 10:00 p.m., and the race begins at 6:00 p.m. 16 08/06/13 Chelsea Midlarsky, event producer, stated part of the event is that they are on a national criterion series. She stated these races start in Florida, end in Las Vegas, one per month in a different state, and professional racers from all over the world come. Ms. Midlarsky stated it is her understanding that the restaurants and merchants like the event and noted that the event takes up the 100 and 200 block. Mayor Glickstein asked what other events are going on in March. In response, Mr. Barcinski stated this year the only thing would be the week before St. Patrick's Day; the tennis tournament is moving back a week so it will be done in February. Mrs. Gray thanked Ms. Midlarsky for what she is doing and stated it was a great event last year. Mrs. Gray stated she was in California when the event was going on and the event attracted numerous people. She inquired about the maximum number of events that can be held m' a month. In response, Mr. Barcinski stated the only two who have put their applications in are these two and if someone has a new event they want to put then this would have to be considered. Mayor Glickstein asked if Pineapple Grove was considered as an alternate route. Ms. Midlarsky stated USA Cycling which is the governing body of all the racers who are licensed and insured actually come out and sanction the course to make sure it is safe. She stated there are bumps and round -a -bouts in the Pineapple Grove area that hinder it as well. Mrs. Gray moved to approve Item 9.A.A. (formerly Item 8.L.), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. CONDITIONAL USE RE UESTSATTOWN DELRAY: Consider conditional use requests to Land Development Regulations (LDR) Section 4.3.4(J), "Increases to Height Regulations ", to allow an increase in the building height in excess of 48 feet (60 feet proposed) and Section 4.4.13(I), "Increase in Density ", to increase the density in excess of 30 residential units per acre (69.52 units per acre proposed) for a proposed mixed -use development that includes the demolition of the existing commercial building and removal of the existing parking lot and construction of 146 residential apartment units and 7,854 square feet of retail /office space in a 6 -story building and 6- level structured parkin garage for Uptown Delray, located on the north side of S.E. 2nd Street between S.E. 4t Avenue and S.E. 5th Avenue. (Quasi.. Judicial Searing 9.B. At this point, the time being 8:55 p.m., the Commission moved to Item 17 08/06/13 9.B. OPINION REGARDING THE ABILITY TO AMEND THE BEACH CABANA CONTRACTS Michael Weiner Attorney with Weiner & Lynne, P.A. 10 S.E. ISM Avenue, Delray Beach, FL 33444, briefly spoke about the City's bid process and the 30- day clause. The City Attorney stated there are two agreements where they are construction contracts where we do not buy something; it is the cabana contract and the towing contract. The City Attorney stated he does not agree with what Mr. Weiner has said and he believes there would be other legal ramifications if the City were to amend the current agreement. At this point, Mrs. Petrolia read a brief statement into the record. Mr. Frankel briefly spoke about the renewal of the beach cabana contract with Oceanside Beach Services. The City Attorney stated the contract was renewed by the former City Manager and the City Attorney's office was not aware that he renewed it. The City Attorney stated when it came out that it was renewed by the former City Manager that is when the concern came about that the contract said "City" not "City Manager" should have renewed it and that is when it came to the City Commission at a Workshop meeting and that is when the Commission had the consensus to ratify that decision. The City Attorney stated the City was not amending or changing the terms of the agreement. In his opinion, Mr. Frankel stated to cancel an agreement without cause will send out a bad message. Mr. Frankel stated he does recognize the 30 -day clause can be done without any reason; however, he feels a decision like this is retro- active government. He stated he does not believe in it and suggested that for RFP's going forward the City should not have any contracts with option clauses. Mrs. Gray stated the City Commission has options whether or not they choose to renew contracts or not. Mrs. Gray stated she is interested in continuing the contract that the City had and at the end of that contract if the City wants to send it out at that time then she will support it. However, Mrs. Gray stated she will not support just stopping a contract for no particular reason. Mr. Jacquet expressed concern over price and service. He stated the beach is a valuable place in Delray Beach and we have to make sure that we protect it. Mr. Jacquet stated it is true that the City can possibly get a better price or better service or worse and the bid process would allow the City to know that. He stated on tonight's agenda there is a bid protest and a bid discussion about a bid that the City put out and there are some questions as to whether it should have been put out that way or not. Mr. Jacquet stated at the meeting the Commission had in May 2012 he does not believe there was a consensus. Mr. Jacquet stated he sees this as an opportunity for the Commission to 18 08/06/13 right a wrong and to save the taxpayers money, and help the beach at the same time. Furthermore, Mr. Jacquet stated there is an RFP that can go out shortly and allow this contract to term out and at that time the Commission can discuss whether or not to keep the 30 -day clause, etc. Mr. Jacquet supports the offer of $45,000 and that it be brought into the City to help save the taxpayers money and allow the contract to run out. Mrs. Petrolia asked if there will be a problem with the contracted beachgoers if a new beach vendor carne in or does that beach vendor take over what was promised to those individuals. Mayor Glickstein stated it is up to the replacement contractor whether or not they want to honor those contracts. Mr. Jacquet stated people who are elected by the residents of Delray Beach have a duty to protect them in some way. He stated there are numerous people 'who have these contracts with the cabana company and although the City would hope the new vendor would take them on the City cannot guarantee these individuals that their contracts would be honored he does not feel comfortable with that. In his opinion, Mr. Jacquet reiterated that the City can protect numerous beachgoers by bringing in some money to the City coffers, protecting their contracts, letting it terminate, and then go out to bid. Mayor Glickstein stated this is about the integrity of the town and the discussion of paying money is nothing more than circumvention of the City process. Mr. Jacquet stated in his opinion this is not a continuation. The City Attorney stated there are other legal ramifications that are involved and there are other legal ramifications that would be involved if the City were to amend this. The City Attorney stated Mr. Weiner stated he would offer $45,000 without changing anything. However, the City Attorney stated the City would have to amend it to do anything like that and recommends that the Commission not amend the contract but instead continue with the consensus of the Commission and go out for an RFP. Prior to the vote, Mayor Glickstein stated the City has been threatened with a lawsuit by somebody representing somebody who may be bidding and he does not want to be doing business with somebody who is threatening to sue the City of Delray Beach. Therefore, Mayor Glickstein recommends that on all RFP's that general release provision. Mayor Glickstein stated this is a practice employed by most medium to larger sized construction companies that if you are signing a contract for something new other than what you are owed under a previous contract, you are releasing from any and all other claims. The City Attorney stated there is prior consensus from the Commission to go out for a Request for Proposal (RFP); if this does not pass, the City Commission will fall back on its prior consensus. 19 08/06/13 Mrs. Petrolia moved to continue to go out for an RFP for the beach cabana contract, seconded by Mayor Glickstein. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — No; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 3 to 2 vote, Commissioner Frankel and Commissioner Gray dissenting. At this point, the time being 9:51 p.m., Mr. Jacquet stepped down from the dais for a brief moment and returned. 9.C. FINAL SUBDIVISION PLAT APPROVAL AND WAIVER RE UEST/DELL GROVE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), "Development Standards Matrix ", minimum lot size, width, depth and frontage requirements and a final plat in conjunction with the creation of a two (2) single family home subdivision for Dell Grove, located at the southeast corner of N.E. 2 "d Avenue and N.E. 12' Street. (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, MMC, 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. Mr. Frankel stated he received an email but did not respond. Mrs. Gray stated she has not spoken to anyone and is not sure if she has an email. Mrs. Petrolia stated she received an email and she responded saying that she had no questions. Mr. Jacquet stated he had no ex parte communications. Mayor Glickstein stated he had no communications. Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -144 into the record. Mr. Dorling stated currently the two existing lots do not meet minimum lot width, frontage and size requirements. He stated this reconfiguration is asking for relief for Lot 1 for lot width depth frontage and size and for Lot 2 depth and size. Mr. Dorling stated the LDRs allow you to do this but require that the Commission declare at the time of approval. ov. er the . associated development application that it is necessa and_. appropriate to create this non - conformity. He noted that the development as proposed provides greater flexibility with respect to development of decent size homes on those lots. Staff recommends approval of the final plat and the associated waiver request to Lots 1&2 as spelled out on page 6 of the support documents. The applicant came forward and gave a few brief comments. 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 20 08/06/13 being no one from the public who wished to address the Commission at this time, the public hearing was closed. 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 and plat approval, 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. 9.D. CONDITIONAL USE RE VEST /SOUTHGATE MOTEL: Consider a conditional use request associated with demolition of the existing one -story, ten (10) room motel and construction of a new two - story, twenty -eight (28) room motel with a swimming pool, bath house and associated landscaping and parking lot upgrades located at 1600 North Federal Highway. (Quasi - Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. Mr. Frankel amended his ex parte communications and stated he received an email regarding this item not the previous item. Mrs. Petrolia stated she too received an email. W. Jacquet stated he had no ex parte communications. Mayor Glickstein stated he received an email. Mrs. Gray stated she is not sure if she received an email. Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -186 into the record. Mr. Dorling stated this is a conditional use request which involves the demolition of an existing one -story ten room motel located on North Federal Highway and reconstruction of a 28 room motel approximately 11,795 square feet. He stated it will include an amenity package of pool and recreation facilities on the south side and a small breakfast nook area for patrons. At its meeting of June 27, 2013, the Community Redevelopment Agency (CRA) considered the development proposal and recommended approval with a 4 to 0 vote. At its meeting of July 15, 2013, the Planning and Zoning Board recommended approval with a 4 to 0 vote. Mr. Dorling stated this facility was before the City Commission approximately two months ago for a redevelopment and at that time it involved some rooms and retention of some of the facility that was there. Staff recommends approval subject to the eleven (11) conditions on Exhibit "A ". 21 08/06/13 Mayor Glickstein asked what is currently there. In response, Mr. Dorling stated it is an existing 10 room motel. Mayor Glickstein asked why the CRA looked at this property. Mr. Dorling stated this property is in the CRA area (North Federal Highway). Bob Currie Architect with Currie Sowards A uila Architects 185 NE 4th Ave #101 Delray Beach FL 33483 stated this motel is a mess and the owner wishes to clean it up. The owner came forward and gave a few brief comments regarding the motel. Mayor Glickstein stated if anyone would like to speak in favor or in opposition of the conditional use request, 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. way. Mr. Jacquet thanked the owner for coming back and doing this the right Mrs. Petrolia concurred with comments expressed by Mr. Jacquet. 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 subject to the eleven (11) conditions as listed in Exhibit "A ", 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 4 to 0 vote. At this point, the time being 10:04 p.m., Mrs. Gray stepped down from the dais. 9.E. WAIVER REQUEST/CHASE BANK: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.4.12(F)(2), "Planned Commercial District ", which requires a minimum floor area _of _6,000 square feet _ associated with a Class V site plan for the Chase Bank project located on an outparcel of the Harbor Plaza at the northeast corner of Federal Highway and Linton Boulevard. (Quasi - Judicial Hearing) Chevelle D. Nubin, MMC, 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. 22 08/06/13 Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Planning and Zoning Department project file #2013 -115 into the record. Mr. Dorling stated the request before the Commission now is a waiver to LDR Section 4.4.12(F)(2) which requires free standing structures be a minimum of 6,000 square feet in association with a Class V site plan for the Chase Bank project at the northeast corner of Federal Highway and Linton Boulevard. Mr. Dorling stated this was the former location of a mobile gas station. The PC (Planned Commercial) regulations require a minimum floor area of 6,000 square feet and the proposed bank is 3,550 square feet. Mr. Dorling stated this was created prior to the adoption of those regulations and subsequently have a very small outparcel. He stated it becomes impossible to provide the minimum square footage and the associated parking and landscaping. Staff supports this in this case for this parcel. Tara Toto here on behalf of Chase Bank stated she is present to answer any questions regarding the waiver request and noted that this Chase Bank will be located on the northeast comer of Linton Boulevard and Federal Highway. Mr. Jacquet inquired about what will happen to the Chase Bank on S.W. 1 e Street and Federal Highway once the new Chase Bank is built. 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 one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes. Said motion passed with a 4 to 0 vote. 9.F. WAIVER RE UESTIEL CAMINO RESTAURANT: Request approval of a waiver to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Minimum Height ", to allow a twenty -three foot (23') high existing building where a minimum of twenty -five foot (25') height is required in the Central Business District (CBD) Zoning District for El Camino Restaurant located at 15 N.E. 2nd Avenue. (Quasi - Judicial Hearing) Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 23 08/06/13 Paul Dorling, AICP, LEED (GA), Director of Planning and Zoning, entered the Plamling and Zoning Department project file #2013 -184 into the record. Mr. Dorling stated this item is a waiver request to allow a 23' building height where a maximum of 25' building height is required per LDR Section 4.4.13(F)(1)(a) for El Camino Restaurant located on the east side of N.E. 2nd Avenue and north of East Atlantic Avenue in the CBD zoning district. He stated the 0.0789 acre property contains three (3) retail bays; the first two will be the El Camino Restaurant and the last one will be FY &I (Frozen Yogurt and Ice Cream). Mr. Dorling stated the requirements that were originally approved when it went to SPRAB were that it met the 25' minimum height and when they came in to do the actual construction there was some confusion and it ended up at 23 feet. Mr. Dorling stated when the applicant came in for additional modifications they were approved for those modifications but they are also seeking to legitimize the as -built condition at 23 feet. He stated required findings with respect to LDR Section 2.4.7(B)(5) are made in the staff report and staff recommends approval of this waiver at this time. Mayor Glickstein made reference to a comment in the staff report "Due to a miscommunication with the previous architect and the builder the building was renovated at 23' tall and not 25' tall as was approved by the SPRAB." Mayor Glickstein asked if anyone was looking at the plans. The applicant stated this took place before they took over the space and explained they are the tenant occupying the space now and noted the facade was done by the landlord. 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 Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes. Said motion passed with a 4 to 0 vote. 9.G. BID AWARD/ H & H CARPET OF PALM BEACH COUNTY INC.: Consider approval of a bid award to H & H Carpet of Palm Beach County, Inc., the second lowest bidder, in the amount of $42,239.00 to replace tile in the Golf Course lobby and carpeting in the main dining room, offices, bar _area, pro shop and the Louie .. Nuggs conference rooms. Funding is available from 445 -4761 -572 -46.10 (Delray Beach Municipal Golf Course: Repair & Maintenance Services /Building Maintenance). Robert A. Barcinski, Assistant City Manager, stated this item is a request for the Commission to approve a bid award in the amount of $42,239 to replace tile in the lobby of the golf course clubhouse, carpeting in the main dining room, offices, bar area, pro shop, and the Louie Suggs conference room. Mr. Barcinski stated bids were received and staff recommends approving the bid award to H &H Carpet (second low bidder) because of staff's concerns of the product quality of the low bidder and that the product 24 08/06/13 bid was a lower grade. In addition, Mr. Barcinski stated they are a small company and did not feel they could complete a project of this size in the timeframes required; sample products appeared to have quality issues; product proposed did not fit with existing decor and would require replacement of window treatments and wallpaper boarders. Mr. Frankel moved to approve the bid award for tile and carpet replacement at the municipal golf course to H &H Carpet of Palm Beach County (second low bidder), seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mayor Glickstein — Yes; Mrs. Petrolia --- Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 0 vote. 9.H. BID PROTEST /ALCALDE & FAY: Consider a bid protest filed by Alcalde & Fay regarding professional federal lobbying services; Request for Proposal (RFP) No. 2013 -46. The City Attorney stated pursuant to the City's bid protest guidelines Alcalde & Fay has the right to appear in front of the Commission and present it. Pursuant to staff s conversations with Alcalde & Fay, they will stand on the merits of their protest. The City Attorney stated the Purchasing Manager also pursuant to the bid protest guidelines reviewed the protest and made a determination that the protest should not be granted because they have not shown that there was some merit that a lack of action by the City gave the bidder an unfair advantage. The City Attorney stated he also concurs in that finding from the Purchasing Manager and thus the reason for recommendation of denial of the bid protest. For clarification, Mr. Jacquet stated the comments that were made by the winning bidder were made during public comment. The City Attorney stated these comments were made during public comment. Mr. Frankel moved to deny the bid protest, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel — Yes. Said motion to DENY the bid protest was passed with a 4 to 0 vote. At this point, the time being 10:18 p.m., Mrs. Gray returned to the dais. 9.I. CONSULTANT AGREEMENT FOR SPERRY VAN NESSIDAVID WILK: Consider approval of a consultant agreement with Sperry Van Ness /David Wilk for Phase III, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. Funding is available from 001 - 1212 - 55948.71 (General Fund: Promotional Activities/Marketing). The City Attorney stated this item is above $15,000 and did not go out to bid. Staff made a determination that this falls under the personal services portion of their purchasing agreement and would not be required to go out to bid. 25 08/06/13 Vin Nolan, Jr., CEcD, Economic Development Director, stated Mr. Wilk has been with them since November/December of 2011 and has been the lead advocate on advancing the innovation corridor strategy. Mr. Nolan stated in most recent months Mr. Wilk had great success in engagement with both the ownership of the former Office Depot property as well as a development team that is aggressively pursuing that for redevelopment as per the City's desires as a community. He stated he met with the ownership representatives and had communication with them today confirming that they feel as though they are getting very close to a final deal with the local team that is involved. Mrs. Gray moved to approve the Consultant Agreement with Sperry Van Ness/David Wilk, seconded by Mrs. Petrolia. Upon roll call the Conunission 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_J. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 8r Annual Conference to be held at World Center Marriott in Orlando, Florida on August 15 -17, 2013. The City Manager stated this item is for the Commission to give direction on who they would like to appoint as its voting delegate at the Florida League of Cities meeting to be held on August 15 -17, 2013. The City Manager stated Mr. Frankel, Mrs. Gray, and Mr. Jacquet will be attending. Mr. Frankel moved to appoint Commissioner Al Jacquet as the City's voting delegate to the Florida League of Cities' 87th Annual Conference to be held in Orlando on August 15-17,2013, 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.K. APPOINTMENT OF VICE CHAIRPERSON TO THE COMMUNITY REDEVELOPMENT AGENCY CRA BOARD: Recommend appointment of a Vice Chairperson to the Community Redevelopment Agency (CRA) Board. The City Attorney stated Commissioner Jacquet had a conversation with Diane Colorma regarding these appointments to-the CRA Board and there is currently no tiineframe. The City Attorney suggested that a person be appointed as Vice Chairperson to the CRA Board for an annual term and the same person can be appointed again if so desired. Mr. Frankel asked why the CRA Board does not appoint their own Chair and Vice Chair. The City Attorney stated by Statute the City Commission has to appoint them. N1 08/06/13 The Commission gave the City Attorney direction to amend the LDRs to provide that the appointment of a Vice Chairperson to the CRA Board be for an annual term. Mrs. Gray moved to appoint Annette Gray as Vice Chairperson to the Community Redevelopment Agency (CRA) Board. After brief discussion and lack of a second Mrs. Gray stated she would like to rescind her motion. Mr. Frankel moved to approve appointing Herman Stevens as Vice Chairperson to the Community Redevelopment Agency (CRA) Board with the caveat to provide for an annual term commencing August 1, 2014 and expiring July 31, 2014, seconded by Mr. Jacquet. 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.L. APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two (2) year term ending July 31, 2015 to the Police Advisory Board. Based on the rotation system, the appointment will be made by Mayor Glickstein (Seat 95). Mayor Glickstein moved to appoint Michael Costin as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2015, 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.M. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two (2) regular members to the Education Board to serve two (2) year terms ending July 31, 2015. Based upon the rotation system, the appointment will be made by Commissioner Jacquet (Seat #2) and Commissioner Gray (Seat 44). Mr. Jacquet moved to appoint Margarita Kaufinan to the Education Board to serve as a regular member for a two (2) year term ending July 31, 2015, 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. Mrs. Gray moved to appoint Cathy DeMatto to the Education Board to serve as a regular member for a two (2) year term ending July 31, 2015, 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. 27 08/06/13 At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: COMMUNITY DEVELOPMENT BLOCK GRANT CDBG CONSOLIDATED ANNUAL ACTION PLAN FY 2013 -14: Consider approval of the CDBG Consolidated Annual Action Plan FY 2013 -14 as required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. (THIS ITEM WAS APPROVED AT THE JULY 25, 2013 CITY COMMISSION MEETING, BUT WAS INADVERTENTLY ADVERTISED TO BE HEARD FOR A SECOND MEETING (AUGUST 6, 2013). THIS ITEMHAS ALREADY BEEN VOTED UPONAND WILL NOT BE HEARD AGAIN) 11. FIRST READINGS: 11.A. ORDINANCE NO. 17 -13: Consider amending Chapter 32 "Departments, Boards and Commissions ", of the Code of Ordinances, by amending Section 32.08(E), "Length of Terms; Restrictions ", for the purpose of removing reference to the Neighborhood Advisory Council; repealing Sections 32.45, "Establishment "; 32.46, "Composition; Appointment; Terms "; 32.47, "Organization "; 32.48, "Qualifications of Members ", 32.49, "Duties and Responsibilities ", 32.50, "Meetings", in their entirety. If passed, a public hearing will be held on August 20, 2013. The caption of Ordinance No. 17 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32 "DEPARTMENTS, . BOARDS AND COMMISSIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF TERMS; RESTRICTIONS ", FOR THE PURPOSE OF REMOVING REFERENCE TO THE NEIGHBORHOOD ADVISORY COUNCIL; REPEALING SECTIONS 32.45, "ESTABLISHMENT "; 32.46, "COMPOSITION; APPOINTMENT; TERMS"; _ - - -52 47, "0R137ANIZAifi0N ";- -32:48, "QUALIFICATIONS - - - -- _ OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ", 32.50, "MEETINGS ", IN THEIR ENTIRETY; AND PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17 -13 is on follow with the City Clerk's office.) 28 08/06/13 The City Attorney read the caption of the ordinance. Mr. Frankel moved to approve Ordinance No. 17 -13 on FIRST Reading, 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. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manager The City Manager stated with regard to comments made about the beach pavilion staff found some errors in the plans; the City did not draft the plans but staff found the mistakes. He stated it would have cost the City a ton of money to address those complaints and the City would not have gotten the product that they wanted. The City Manager stated rather than going through the expense of building something that we do not really want the City put it out for bid again. He stated in the end the pavilion will end up looking like it is intended to look and function like the City wants it to function in terms of the longevity. Secondly, the City Manager stated the City has undertaken six (6) public art projects thus far: (1) Family, (2) Ida's Cool Spot, (3) Untitled, (4) Knowles Knots, (5) Bus Shelter Student Art, and a (6) Fountain. 12.B. City Attorney The City Attorney had no conunents or inquiries on non- agenda items. 12.C. City Commission 12.C.1. Mr. Frankel Mr. Frankel inquired about the status with regard to the contracts with the 30 -day out clauses and asked the City Manager where staff is with identifying those and bringing it before the City Commission for discussion. The City Manager stated initially the Commission wanted the contracts that were revenue producing and there has been some internal debate about the revenue producing contracts. Staff believes there are about five (5) revenue producing contracts and he does not believe they have a 30 -day and out clause. Mayor Glickstein stated the request was a list of contracts with 30 -day cancellations. Secondly, Mr. Frankel stated in March he discussed scheduling meetings with local HOA's and local groups and instead of having people come to Old School Square that City staff go to their homeowners meetings. He asked if staff has scheduled anything or talked to any groups yet. The City Manager stated staff has not scheduled any meetings but will look into this. Mr. Frankel stated he feels it would be a good idea 29 08/06/13 to discuss good government and to get a voice on what residents think and feels that the communities especially where the majority of the residents are seniors they are not traveling at night to come out to the meetings. 12.C.2. Mrs. Gray Mrs. Gray asked for an update on the hotel on West Atlantic Avenue and when they will be breaking ground. Secondly, Mrs. Gray stated Palm Beach County may be moving the Sheriff's office out of the building on Congress Avenue and some acreage may be coming available near Tri Rail. Mrs. Gray stated last week Delray Beach was the host to the National Association Intercollegiate Association (NAIA) and they are looking to come to Delray Beach. She stated Delray Beach sent a Request for Proposal (RFP) for the Women's and Men's Soccer Tournament for 2014. Mrs. Gray stated Wellington and Alabama were finalists but feels that Delray Beach won. She stated the NAIA loved the soccer complex and visiting the Marriott and the tennis center. Mrs. Gray stated the Sports Commission had a meeting Monday and everyone is on board to move forward with the mission and vision. Lastly, Mrs. Gray stated staff is doing an excellent job. 12.C.3. Mrs. Petrolia With regard to the DJ at the Sandbar, Mrs. Petrolia stated she inadvertently voted in the affirmative when she actually meant to oppose the DJ at the Sandbar. For the record, Mrs. Petrolia stated her comments through the discussion were clear where she stood on the issue and to go back to correct the vote as discussed with the City Attorney would be difficult and noted her vote was not a deciding vote. The City Attorney stated the Minutes are correct. Secondly, Mrs. Petrolia commented about the Police and Fire Pension Plan investments specifically about the investment of quadrant. She stated although the Commission has no ability to influence the fund she wanted to make it known that this is a fund that is very___ concerning and has lost.. $1.3._million . from its. inction of taxpayer - pension money. 1Grrs. etrolia stated there was an attempt to put that on the Agenda but to eliminate the fund would have to be done on a quarterly basis and there is a time element before you can have that find removed. She stated a citizen brought the information to the Commission. Lastly, Mrs. Petrolia stated it is taking too long to get RFP's out on the street and feels it is extremely lengthy. She feels that if the RFP had been sent out in a timely fashion they would have not spent so much time and energy at the last two meetings talking about this issue. Mrs. Petrolia stated that time and energy could have 011 08/06/13 been spent much better on other issues that deserve the attention of the Commission. Mrs. Petrolia stated the delay is unacceptable and would like an answer by the end of the week on what caused a full three (3) month delay and when the Commission can expect this to be sent out. 12.C.4. Mr. Jacquet Mr. Jacquet stated Mr. Goldenberg spoke about the home alarm registration and the letter he received in the mail that had his password on it. Mr. Jacquet asked that staff look at this and find a way to secure private information from the taxpayers and people the City does business with. Mr. Jacquet stated he does not feel this is a good way to do business. Secondly, Mr. Jacquet inquired about the annual fee that residents are charged on top of what they pay on their home alarm and stated he has received complaints from numerous residents about this fee. He congratulated Chevelle Nubin, City Clerk, for the resolution she received from the Florida Association of City Clerks (FACC) for her work as District Director of the Southeast District and stated the Commission appreciates her work. Lastly, Mr. Jacquet stated Labor Day weekend he will be out of the country and will not return until September 6, 2013 and the City Commission has a meeting on September P. Mr. Jacquet stated if there are no objections or no time conflicts to push the Commission meetings back one week. Mr. Jacquet suggested that the Commission push the meetings back to September 10th, 17th, and 20 as this would make it possible for him to attend all of the meetings. Mr. Frankel stated he will be out on September 24th. The City Attorney stated there are certain dates that the City has to adopt the millage. Mayor Glickstein suggested that this be discussed at the August 13, 2013 Workshop meeting. 12.C.5. Mavor Glickstein Mayor Glickstein stated at the City Commission meeting of August 20, 2013 he has asked Dr. Kim Delaney from Treasure Coast Regional Planning Council to give the Commission and public a presentation on the All Aboard Florida and the Tri- Rail Coastal link. He stated Dr. Delaney has been one of the key people with Palm Beach County's Metropolitan Planning Organization (MPO) and she will give the Commission a concise summary of where things stand. Secondly, Mayor Glickstein stated Joe Gillie has asked the City to figure out a way for what was at the Teen Town Hall meeting a request for a dance. Mayor Glickstein stated Mr. Gillie has offered the gym at Old School Square for that. Mayor Glickstein stated there have been several emails that have come out asking cities for infrastructure input so that the MPO can formalize their next budgets. 31 08/06/13 He would like to know how the City's Engineering/Environmental Services Department is interfacing with the technical staff at the MPO. Mayor Glickstein stated they are looking for things to address transportation needs in the city and he wants to make sure there is no dis- connect with City staff. With regard to the smoking on the beach issue and the litter from the cigarette butts, Mayor Glickstein stated the previous Commission stopped thinking there was going to be some legislation in Tallahassee to deal with this and that legislation died. Mayor Glickstein stated the City cannot say you cannot smoke on the beach; however, with signage and enforcement on littering ordinances the City can maybe address some things. Mayor Glickstein asked that this be brought back for discussion at a Workshop meeting. Mayor Glickstein stated he would like to know by the end of this week when the City will have a procurement ordinance. Lastly, Mayor Glickstein stated with regard to Commissioner Frankel's comment about the meeting with school Principals one of them brought up the possibility of meeting at a school. He stated there are some logistical issues with holding meetings at different venues but there is some benefit to that outreach although there is nothing preventing the Commission from going into those homeowner associations individually and reporting back at any time. Mayor Glickstein stated someone suggested today that instead of going to the homeowner associations to actually hold these meetings at a school. There being no further business, Mayor Glickstein declared the meeting adjourned at 10:53 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 6, 2013, which Minutes were formally approved and adopted by the City Commission on October 1, 2013. 32 08/06/13 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 08/06/13 a mm IN THE CITY GO V06.10N CHAMBERS OF THE PITY of DELRAYBEACK.- FLORIDA WAIVER REQUEST FOR DELL GROVE PLAT ORDER. OF T. HE.-CITY OOMMISSION OF,, THE CITY ' ' IF . . RAY OFACK K0010A. . ITY 0 : DEL j.: The WE - e request regarding Dell Grove Plat has come b6 4 0rd the City eVidenc 2— T110 Applicard and City- staff presented; 'documentary e, end. a testimontestimony to 62� City d0rhmitslon poftnlhgto the request. and plat approval: far Dell G,rdvekPlat-6 All of thd.6videnc.ells a part .of the 4-edbf-d4h. this case: Pursuant to LOtt.- Se 2.4.7@)(5)i p �, t gjr 010n a.0#ng a� wanfer; the Tip apprdAN bodythall make a findl . ng that the grantiing,of the wamet- shall . not-W . Vors My'aff6d the 661,ghbb'flifiq area; shall Mly diminish the pr i 1 i e- pot..�i . ghifica provision Of p-LOOP.: ft to) shalki6t.veate an Vpsafe;�t1tkja0bn; and doves .no t result. kp. the grant of a. spepial pri lie g. a.jp tat thp,pa'mp waiver r Wo Ul betdhted under sifiiilaT circumstances.: on .other property for- ... ahothe r -applicant' Or ow, her. Pomarit. to MR Sedtion 4.3.1 D. lots created after October 1:, 10.90 shall meet- the. fnifnh TV VM requirements : "fe(blished. by Chapter k.unless. the City. Commission. is .necessary and ipjproprlat& to create such nonconform, F'Urpva0t. to S.eOpTi 4 3;A(E)(3) �ThO kotit of -b 16t it the sidO With the frontage on d st t For corner foist the . side havitig--, the :,1'6-aststreet *.frontage shbufd be the front for wtback p01posd&-ft' pursuant to L13 requested LQR _R, Section 4. J(D.),:thea l5ji6anth a wai�erto. 4.3.,4(KI (Development Matrixlto aflow 8 reduction in tho lot: frontage; width, do�i i anI:ske; bql6W the minimum requirements for the proposed Lot 4, and to allow 9 ; riWudiorl in. the lot d6pth anti: size below the rhihimUrh r0,U!r6rndhft for thei proposed Lot 2... City Commission Meeting on August 6, 2013; Item 9.C. Existinq and Proposed. -Lift Dimensions WA w w-posed 1,5" '-fron is OeO*nt b Y Y . -)o 1 40. of tit 0 pr,,qp'. ed-..Q depth for 1 --f I 40. of Go 're,qtqrqd)'; 0.: .�#O:requkemdfit Lot I is 7, 125; tqbare fWand'.. is dOcIont fn silie. b.y- 375.' (7,500 sq-.A feqak�.," LOU-: :0 Dept .T.h-epropo;roedg$."diap.th, for Lai; : jfa­dqffdjOrjt..4 R utri 100' Pqq* 2 6 a $jie me q.y L&27 is. 6 175".. 94, Z�fel6et. if is' defide, size:: by j,.3 5, in sgiare fedt:(7-5.00 .5.0 0 84 ft, teq*j41`rO,d) k Should thO w alvors i 0 Soct%on 434(K) lo red vw-frontwmloft dopft. oadvia.. yes. . B:, houid tho:. walvemil to Section 041K redwe- 40044 a afd size r qojmmenis to L . . . ... ...... lt� P-1 1 . P.P Mal Thp TeqWired ffnd i _p:jf pr. ?p pfibVal are hereto: attaM'dd-.zlt 'ExhlbAW. SFiould well dib►d. Mit be.g kited? Yes; v/* Nd 2 City Commission Meeting on August 6, 2013; Item 9.C. (Square Lot YVialtfi° Lot L6i Ffo htag.#� F;4ev InteriOrIcalmot. Depth IntedodCamer- ,A tnirqk#? Re qOO '7-:50a E cisfir q Lot, i. X6 mer Loth Lo t'.2 00 '140' WW-Lbt).. Pro ad 1 . 'POO -Lot 7, -.5 7W (Qp(� Lpt). 05F 75' ( C!'d'f h&; L 6t) P s ed Lp.t. Z 1.70 44'flntbhlbrlct) 9.5, .66, WA w w-posed 1,5" '-fron is OeO*nt b Y Y . -)o 1 40. of tit 0 pr,,qp'. ed-..Q depth for 1 --f I 40. of Go 're,qtqrqd)'; 0.: .�#O:requkemdfit Lot I is 7, 125; tqbare fWand'.. is dOcIont fn silie. b.y- 375.' (7,500 sq-.A feqak�.," LOU-: :0 Dept .T.h-epropo;roedg$."diap.th, for Lai; : jfa­dqffdjOrjt..4 R utri 100' Pqq* 2 6 a $jie me q.y L&27 is. 6 175".. 94, Z�fel6et. if is' defide, size:: by j,.3 5, in sgiare fedt:(7-5.00 .5.0 0 84 ft, teq*j41`rO,d) k Should thO w alvors i 0 Soct%on 434(K) lo red vw-frontwmloft dopft. oadvia.. yes. . B:, houid tho:. walvemil to Section 041K redwe- 40044 a afd size r qojmmenis to L . . . ... ...... lt� P-1 1 . P.P Mal Thp TeqWired ffnd i _p:jf pr. ?p pfibVal are hereto: attaM'dd-.zlt 'ExhlbAW. SFiould well dib►d. Mit be.g kited? Yes; v/* Nd 2 City Commission Meeting on August 6, 2013; Item 9.C. 1710.: OR Y G om is ion ho%. applied the CoM pr ph en qiye Plan and R. teqWtomiarits. Ift oJelst0r1cwtit the time tho 0090.41 plot was .4. The City, Commission findt there m is ample, .and: W-m .0fent-Aiubst -6.1"t p on. a pvjden:oq -to support"itsi,find" the TO—, W,#d subtifted: and, addpts'the facts con in-lbe.rocord incl.p.0in butnpfliMite to; the staff repprts, tpptipq0y 'Qf6 experts t s ar . other eq elohi Wknossos which: support tho findings set f6rth..:in this.. Order. mp 6. Based ,on. the. entire record ie&rem"Ar the 00-' OMMIW orr approves n. the; waiver eo6stg and plat 6ppeov W , acid hereby' Adopts this; Order this: Or and di, '6th day of,'Auqwt, a-IN-OAP, of 6. :1 JOY P Gary D. l oWm, Mayot CIN, C hev ella Nubil, 0 .RY. C16 3 City Commission Meeting on August 6, 2013; Item 9.C. P-WhitAI V*"#Wto $gWoo °. J t of A :'Laid: DeVe 6: � 19ploont, $ft"ons C) toa , roval -f Woo -P i prior pp of 4e e�qp applicafion.s,.. certain findings must bminade a1n a.form,- Whieli -10. part bfl A.-OffieW re,00d. This s made: bT, the Board to -approve or deny the de applic6itlo ft `4 Ute to ydbpr Theie: da. . . .1 V090000 7�* ihom c4mp beodvi . I.. Section 3.11: W - Future Land: Use The; resulting" ., W", of Jand.Ar b46 lia tcnit - d z0olog district' lin 09 1 W.,x ..4judis"Ift-ft :4 dsj! X". .99 voith'the applicable JAnd usedeognationas skown-1011 the,F-UUU*Lod use iib*, The subject prop =t3.rh as: a-1Fu0jr6 Land Uab Wp Msignatiq;oqftD: a4 DtWty_-!0-5 4v"Ibri, per a of bisbii,%,' whiA are v,oiasiskut with one'. imothdr.. Within %0 R-I-A- zob* _04 po)p*od .,. via '"" k"olt AAA. 4M. I Concurrence r4r"W: * *00)1 0,6 CY as de ft-pa. -pursuant. td Objective W"lofthe Fittare-1and. Use Element, of- ft C6hlprelteuslve Plk* 01*t bj!; met .and a # 4tntx ifitad-e that & pubile fas Iity 1004 too ano/or d the application will not t exceed the, ability of the City to Wid and pt6vido-, ok to toq*e: P o the foaming ' tault of S141, 10tg cooctiirtenoy review xv. no necessary .Waintermlstreetsystemis,,-ptop.os6d.vvith,.tfiis&velopni6iit,:Oditect.,ac,c,&s a*4* in to W.-M-oftdii g r�;k. i $$00-paik hup. I - rb..qplr -,. A .6. - VW ot: iss , po 4f al _J'�o ,. .ed ua buildingpermit, 34 -Section 31.1 LQ Consistency Pursuant td: Section 1.2.1 (ROsb for Det Cb. jjs�, tk6 rq . ..... .. . Sed it: 1,23 RW. dfor _p. pqr,o $6 - .. ­­ . .. - 9., 01 �0 PW,..A,Cfi6B�) shalibe the basik upon whichafinding ofoverAff-c ditsi teik i§ to k Ujn d ey Settion.3.2.1'Basi§ for DeiermijiJbisConsistencv.z. The per-formanco stan&wds set forth in this.- ArU616 oither .Xpow k:PPjiCY 4.0m. tho, Co -Vohop�jve pr le good' 1 6 '.. The , . M . 4?r. 'a. el performance siaiidards.z set forth: in the following sections: as well as .compliance with iff items: spcc fi-J0d iWJ*"i0fndJ6gg-mffir Se 6 upon whrofi a Lin ....... . . . . . . Of . overall .consisiency [Section 1.1 A (C) from this Artic P, h inof Jiatbbe.made.. ffowever�.e%61usion' W 4 al do q , Watt and P O'cid ;1�40 tho:00op'a b& �k basil for oat 4 owing i�� of other 0 Iv tpd, Comprehensive Man, ht the,making of & finding, of. overall consistency. ctxon.3,1 Standards for -Siteplan and/or.-Plat-Aciiang'. landscaping, and *fiag-(glare) shall be such..-that: they do not -create unwan-anted mi!6ts: intent of standard:. 4 City Commission Meeting on August 6, 2013; Item 9.C. (Bj $epam.do of d` fir of transportation shall. be encouraged. This includes � estJi.on bicycl sts, and. vehidft MA.- W1. :a W'.0 . sten#. Vplre e$ fours d uvtder it .'. i cd*ps :D- ` gnid 0-2 ipf Jho runs ortation Element: Not Aftlicable. t1 t space en) c ;a�$ de6 ri'1iet1 in policies found under:+ Jllajecixt�e 8- .1,,:of the,t?pewSpitc , acid Recreation Element. are :appropriately A4ftss4 ' Not' iWolic A16.. (0) The .City shall evaluate the effect that aAy s#ree't widen ag. o' uaffo; circulation iitodifxc. -Wo' i may Base upon an. existing neighborhood.. If it is de#ermined that: the widening or modification. will be: detrimental and result -in a degradation of the neighborh000,, :tl o pKOject slia11 wt: : POO~ .nt applcable I�+ veTopmerit o vacant Anil v hzcli is Z"O for tes%doiit 4 pp�poses. shall be planned. in a manner which is: Consistent with adjacent development regardless of zoning de.:signat ans. 1VIee19 . intent of standard . vacant" tropertys1�alT. iae. dt�yeloped. u}: a.: t�nanner ;sothaatl?e,fufuteusean„ imtensit!:aiie�.ap�ropriatein terms of soiTz topagraplii ;and odier.appHcable physical cqi siderations; co mpTemen#airgto.4 iijaceuf land uses; and fulfills real ttg,lau use;needs ee :Went of.atandard.. (G) ReilErielo ri #:atirid fiYio: deverlgmekt of ne�v iaud Om Ire 'in the ploy s ou b€ a �tiey o f �ousing types Wh oh' sell conftt 6 aceommod'ate the :diverse makeup of the :City's denxographio: profile; and meet the. lion ing needs identified.. xn the Ipasiiag Elenze t f his gbaf he: accomplished ihraugii. #% impleinenfatiou ©f policies'under'Objective 842..of the :HousiMg Element: Meets intent of staiiidatd- (fib T p Ci y shall consider idle: effect that the .proposal wilt, have on the stkifflty of nearby neighborhoods. facto. : such as: jai ise,. gdars,. dust; traf ., voWes .arid wraq 11ou.-pattero$.:sh ll be ievxewed iu. #ems of flieir p*ntiA to- negatively impact the safety, habilabil ty. and: staiiility of resldenlral .area :, Tf it is Bete ed ibat ,a. prapos :.. de elopime it. vv�ll; result: in a:. degra ati 4 cif any neioorhoA tlto project shall by mod �i3 aCeordimply or' denied:. Meets: intent of- standard m Deyelopiaei�t sl all.iiot., be•apprQVed jfj.ra e associated wig such development. wauld..:ereate a now high acciden�C location, :nr: a irbate au existing sit�iat gn.causing;. t to. I eppmg a l gb aectdeir# loaatioii, wit�QUt such devel "opmetlttaldngacitons to remed the accident situation. Meetsikent af:siandard (A lot lots aria red sI :uncap; :se ipg 4i Wen from toddler to teensy shall be a,featu rei.of all new liousii�g.: developments as part. of the des..igu. to aceommudate. lit�usebolds; having a t+ange of abes. This.' requiieinent inay be waived o1� triticlifierl far residential developments located in the::d.owntown- area, and for infill:. projects :haxing:fewerthan25uniis: Tot.annlicalilr;, Comprehensive Plawrolicks : .a.. Future Land Use Element Oliieefte: A =1;: Property.. shall bc.-fTevelo er ,:.410 p .. ; 10 ai: manner .so 'that the_ .f*** use; intensity' amd density", ate apprnpKtiate A, tiee_ui '. of $oil;; topographic; and otlser: applicable physical considerations; encourage affoicdable goods and services; acre; cOmglei ea to :and coaapatihle With ad jar f land uses; 'and fuM : remarrilug} land use.:nee.d&, City Commission Meeting on August 6, 2013; Item 9.C. nP46-:46 ho. Vft ph 'sk y 41 or qhvh—o a d' tfie-latid that. -du a.. bb mttal. charac i .Wpwe0Y the prologs .1 P 04ev rty is proposed in:ammmer aggro O.q��s �M x1opment of1hatsubjeciprope. jk( t .1aad. OQmU*, tb tho., Cv =9 0- .. i.. rM v� ji8glilorhqpd� A. s2do-T-1 - SAA ffil r. C—` Mvlkaw: with ilia Lind h6velogggaketubdors L DR S&d" S. 3(h) Olkt:Ro4uireft A -plafig i-equired, &r the-gubdividkc: of : any 16.t, tract vr parcel of land' iinless it'. qualifiem; fur a plat. ak 1DR..$.Jbo 5,1...,`Tltis: repat ad op .4 LI v qwhf proposed 166-vill be noncon&m- Linig, LDR See ion S3.1GUOrb-9f='Wn Dedscatiod -' P j�M $O�h 5j4K -qttbds� of pt.iv0e� s be -sh'qft- 04 -4 *"t*' Ap Ar der 1 platy .dWidated.--ft such pumoses. An ad4ltional,51!-. of -iiW.-of-w-ay'i Being 4 Wit 0; N. .,..'2#.d Avenuo.;W dat d f, ID]k Section 4.14M WeveloiDnient-Standards Matrix): A*4VO tQ lot itquilerrionts pi# Wot!6:S q43; (p)js ie j 6 City Commission Meeting on August 6, 2013; Item 9.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH; FLORIDA ORDER OF THE CITY COMMISS'tON OF THE CITY OF DELRAY BEACH,. FLORIDA. CONDITIONAL USE REQUEST FOR THE'SOUTHGATE MOTEL 1 This conditional use request has come before the City Commission on August 6,2013:. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the Southgate Motel, All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and IL I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use and M@ R: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable.. physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes V", No b. Co.ncurrenc Concurrency as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas;. Are the concurrency requirements met. as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes ✓ No August 6, 2013 City Commission Meeting; Item 9.D. .IL LOP Rt-0011"ENTS;., Pursuant. to LIAR Section 4.4.9(p)(9), hotels apo M.ob* Are.. llsteO AaAllowable c9ndition# uses.. A. LDRSOction- 2.4.5(E) kdailited Find i fhg.§. {Conditional Me}:; Plurslvanf i1ri addibon to provisions o f Q h a t.e' r a, - th econd itioialut W. All t. L Have, wsip icantly 0 etrimental effect upon the-sta Oft y of Me heig]hjJdehd6j$0 fth M -Which - . WWI[ bd loeat6d; 11w, Nor. that it. will hioder., development or r.edov.olopman $j1porby t propert-le's. v e vili s . ction 745P(5) 00 met subiect td. the attached conditions? yes -/ No.. . - The comments and notes set forth '.in the staff report are hereby ihdofOoratod botein'- 4. Thb City Ap Commistion 4w. I .0.11ed the Comprehen-siv.0 P lan and; LOR. M_qQJV8.r;heRtsJn OXIStence at the time the cond t OrpAly,40 rpq est U. was submitted,. The Cit y G 0 mmissioh fi hdd the it AMple acid ddMoet6rt tjbstshilal evidence to. support 'K6. findings in the:. re;c d ned ....ord sub.-mitt - and adopts the facts conta,i - in the reco I . not limited -h 9 testimony of.:ex erts and other .rdincluding but p corn I petentwitheas6s supporting these finid'inq ,, 6, Based: on the entire ropord', before: it, the. City C7 qmrnjssion approves .denits. the. conditional use request. sUb).ect to the: condWons: of approval 1 tt h attolched hereto 16 Exhibit, W*. The City Comm. ission h-qrqb.y- adopts this: Qrd ­this ft: day q- A'Ugust..20,'lkby-iA.VdtLi-o-f.. faviorand- Cary D (.3. 1 i &%gi May .p ATTEST: Chevel Cl *li 0" Rob. in 6 " .. rK 2 August 6, 2013 City Commission Meeting-, Item 9.D- EXHIBIT "A" CONDITIONS OF APPROVAL FOR.SOUTHGATE MOTEL 1. Prior to building permit issuance, a Class V Site Plan Modification application shall be submitted and approved by the Site Plan Review and Appearance Board (SPRAB) with all conditions met and certified plans approved by the Planning & Zgning Director.. 2. Since the one -way drive aisle adjacent to the angled parking spaces is 15' it is presumed. that the angled parking spaces measure 45 degrees. The. proposed angle of the parking spaces shall be specified on the site plan and an angled parking space detail shall be provided. [See LDR Section 4.6.9(D)(4)(e)(Parking Lots Detail RT 4.1) Page 4.6 -46.] 3. The abandoned 5'' Limited Access Easement (ORB 5571, PG 761) shall be recorded with Palm Beach County. The survey and site plan shall be modified to reflect. its .removal: This shall be a condition of approval. 4. Provide confirmation from FDOT that no additional right -of -way is required along North Federal Highway. 5. Provide confirmation from FDOT` that no new sidewalk or expansion is required along. North Federal Highway. 6. Provide confirmation from the Palm Beach County Traffic Division that the development proposal meets streets and traffic standards. 7. All plans shall reflect the twenty foot (20') right -of -way dedication along Old Dixie Highway and graphically depict the new rear (west) property line location AFTER.right -of -way dedication. 8. All on -site parking and required dead end turnaround areas shall be located entirely within the parcel boundaries after dedication of the twenty feet (20'). along Old Dixie Highway_ Modify proposed plans to comply. 9. Pursuant to LDR Section 4.6.8(A)(3), the required maximum` illumination level for commercial parking lots is 12.0 foot candles and a minimum of 1.0 foot candle. A photometric plan was not provided for consideration_ Upon conditional use approval, the site plan will be required to. demonstrate compliance prior to site plan certification. 10. Along Ofd Dixie Highway, the DSMG (Development Services Management Group) has recommended to the City Commission that a five foot (5) 3 August 6, 2013 City Commission Meeting; Item 9.D. sidewalk deferral .agre pot Opi, processed and' apprpved prior fp. buildin permit issivainice" 11. P'UrSU'a'ht:.tO, the d0firift" of"MotOL,hd f provisions ... 0 r co*.*O.Whg can w pirbivided,'It is noted th.pt the pro : Several: .. - related to posed Wo LOR re qfd..pM meet; , qWraments permanent. h.Qu Oing - .Owding. q 'i4q.a 40 l Y To mureoompliarim rho: 220 AfQlt 6406 S, th�-e O.kc6-Pti6h of AAC units): vifill be rovide'd p within the irtdivid.ual rTY-O'kitm6ftit- that could b& utilfaed tij accommodate full-9 appliance: 4 August 6, 2013 City Commission Meeting; Item 9-D- IN THE CITY GO MMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA. ORDER OF THE C.ITY CQMMIlSSION OF TH . IIE CITY OPOEI.. RX'SEACHo. FLORIDA WAIVER REQUEST FOR THE CHASE BANK ON THE Nokb4EAST'CORINER. OF . . MI. . ­ON i3LV. FEDERAL HIGHWAY I AND D LINT D 1. 'this waiver request tame before, the City. Commission on. August $, 2011 2. The. Applicant Ahd G4. staff Presented documentary evidence evidence and testimony to the City'Corriniissioh pertaining to the waiver request for the Chase. Bank at the northeast comer. of Federal Highway and, Lipton- Boulevard. All of the :-6vidende.* is :a part of the record. in this. case. Required: findings we: made in. accordance with - Subsection 't I WAIVERS: Pursuant to; LIAR S:etfiori:2i4.7(B)(5)i prior to: granting iawaiver; the. approving body shall make finding tha ranti waiver; _t,the granting of be w (a) Shall not. adversely affect... the neiglhborind area; (b) Shall hot significantly diMinishthe.-Oro.vitionof. public- facilities; fe. gitc t' , hd* (c) ShaH ftt�mdreatd an Uhga i da. ion, a (d) Does; not. result in the grant of a special privilege in that the same waiver, would be grarited, tjn4:e.r: $irri.jlar .circumstances. on other property for :another applicant: or owner. A. Waiver to LOR'Sectibn 4.4.12(F)(2). Pursuant to LDR 'Section 4.4.12(F)(Z), an y free�stsndi strUctur e shall have a rnihimurfi floor area: bf 6,6.00, square,. feet; shall be. atc itecturally. compatible wib othat structures shall take access from the inferior circulation system of the development and shall be: able 'to .meet all' code re .quirements if it ' were to be situated . on an outparip 1. Architectural compatibility: shall be determined p on ursuarittoSecti � -4.6.18. The applicant: . is asking for a waiver to alid-W a froee= standing building to nimuralloir -rea:of. lessthan 0,006squarenfee have a mi 0. 1. t. Shouid the waiver to Section 4A.12((2 be granted? 1 City Commission Meeting on August 6, 2013; Item 9.E. 3 The; City Corn.mi -sion. has applied the Cornprehe'risive Plain. and LDR, reiqiilhements in bilsteme. at the. time fhe. original; .development pment a ication was, stAOMifted and finds that -its, dOtorrnin4 iom -,set :forth. in this - Order are cor.,ysistent with the .G.Otho rehensiVe Plan. 4., The. City t-ommi' s s' 1 .n1 And' v there. arople Ol d. competent s ubstanti - at :evidenpe, to suppqrt its ,findings -in the record .!Ub r tt pd and adapts the facts dontained Wred .4u -els.ta reports, in :the 'Ord thotlhitedt6th Ports testimony of experts and other competent w itnesses supporting These ndi* -as S.. Based on the entice record of ore it the. City Commission approves denies es. the waiver request. aasod. on the entire roebrd beforsit, -the- OityOOMM18sim hereby adopt$ This, Order this 6t. doy-OA gust *20.1 & by a vote U --,of 4 1 ora opposed. 01'ary 17, G, Ji.A&Wnt Mayor Chevelip NQ in, City Clerk I I City Commission Meeting on August 6, 2013; Item 9.E. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. WAIVER REQUEST FOR THE EL CAMINO RESTAURANT AT 15 NE 2 "° AVENUE 1. This waiver request came before. the City Commission on August.6, 2013,. 21 The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the El Camino Restaurant at 15 NE 2nd Avenue. All of the evidence is a part of the record in. this case. Required findings are made in accordance with Subsection I. I. WAIVERS ' Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a): Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c). Shall not create an unsafe situation, and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances o.n other property for another applicant or owner.. A. Waiver to LDR Section 4A.13(F)(1)W Pursuant to LDR Section 4.4.13(F)(1).(a), the overall height of buildings in the Central Business District shall be a minimum of 'twenty -five feet (25') and a maximum of forty - eight feet (48') in height. For the purposes of this section, height is defined. as the vertical distance from grade to the highest finished roof surface of a flat roof, or the: soffit above the last habitable floor of a gable., hip or gambrel roof. The applicant is asking for a waiver to allow a building height of twenty - three feet (23).. Should the waiver to Section 4.4,13(F)(1)(a) be granted? Yes No 1 City Commission Meeting on August 6, 2013; Item 9.F. The City Comr"Isslon. has applied the Comprehensive Plan an d LDRI edquir6niehts in ekistehbe, At thei time the :odginal develcipimewit application ion submitted 'andW81hatits determinatfons:setfoTift irl ifillsOrder are .co.0s.19tenth th .wit' e Comprehensive Plan: The -City C.b:f'nM1_ssl6n: finds there, is aMple and. competent gubisia a :6-A n widence.-to, zupport its findi.hos In -the record submitted and adopts, the facts 0 to PO in thd MOM incl-Liding but not li Mited 'to: the staff roo.,'ofts, testimony of experts and other cor e.S rpet'OptWitness qupporbrg .. these findings_ .,V., BaseO. an the: entire. remord, before it, the: C4.- Gq.!ihiiss.iorj approvOs ✓ dohia.s.- the wo . ivor; request. a.. Batbd on the entire record Wbre it the City C6Mffiissid*6 hereby adoptl§. this 0'r rth-10, Oth day of Aug ust. 2011, by a voke of 4 or.. opposed., ATTE -ST: Cary 0, Glf&A in, , Mayor' OheyeTip N!ubi*ni City Olork Pj City Commission Meeting on August 6, 2013; Item 9.F.