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01-07-14 Regular City Commission MinutesJANUARY 7, 2014 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, January 7, 2014. 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 Terrill Pyburn, Interim City Attorney Chevelle D. Nubin, City Clerk At this point, Mayor Glickstein acknowledged and congratulated the City of Delray Beach for all of the holiday events that culminated with First Night which saw over 35,000 citizens and visitors of all ages enjoying a night full of activities that was flawless; approximately 140,000 people visited the downtown from the Tree lighting through First Night. Mayor Glickstein thanked the many sponsors and volunteers, the Delray Beach Marketing Cooperative (DBMC), the Police and Fire Departments, the men and women in the Public Works and Traffic Divisions, Building Maintenance, and the Parks Maintenance Divisions for making this night a success. In particular, Mayor Glickstein thanked Robert Barcinski, Assistant City Manager, for making sure everything behind the scenes was perfect. 2. The opening prayer was delivered by Tony Durante, Chaplain with Trinity Lutheran Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. APPROVAL OF MINUTES: Mrs. Petrolia moved to approve the Minutes of the Regular Meeting of November 14, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes. Said motion passed with a 5 to 0 vote. 01/07/14 Mrs. Gray moved to approve the Minutes of the Regular Meeting of December 3, 2013, seconded by Mrs. Petrolia. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor Glickstein Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of December 10, 2013, 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. 5. PRESENTATIONS: A. None 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. 6.A. City Manager's response to prior public comments and inquiries. With regard to Sylvia Gillion's previous request for her event at Pompey Park, the City Manager stated Ms. Gillion received the noise waiver for her event at Pompey Park and staff sent her a letter regarding the regulations for the event for March. Secondly, with regard to Mrs. Gray's concern regarding a joint meeting with the Community Redevelopment Agency (CRA), this is scheduled for the February 11, 2014 Workshop meeting. The City Manager stated Mrs. Gray also expressed concern about property located at S.W. 8h Avenue as property for Veterans and staff found that the property has not been cleared for usage yet. With regard to Mrs. Gray's concern about the viability of the Little League at Miller Field, the City Manager stated staff understands from District 7 South Pahn Beach County Administrator, John Knapp, which the Little League has renewed its Charter as of December 2013 and was approved. The City Manager stated Little League will playing Spring baseball at Miller Field. With regard to Mrs. Petrolia's comments about flapper replacement (the Marine Way Drainage Flex Gates), the City Manager stated they are on order and once received these will be installed. 6.13. From the Public. 6.13.1. BJ McCormick, 3210 Lakeview Drive, Delray Beach, FL 33445, stated the youth sports in this city are being interrupted by the Delray Beach Sports Destination 2 01/07/14 Committee. Mr. McCormick urged the Commission to hold the Destination Tournaments during the off - season. He encouraged Parks and Recreation to get involved with local organizations so they have a better understanding of Sports seasons and schedules. Mr. McCormick asked the Commission to allow their children to have the same fond sports memories as the coaches and parents did growing up in Delray Beach. 6.B.2. Carole Anderson 1441 East BeAty Park Drive Delra Beach FL 33445 Outreach Director of S.A.F.E. (Safety as Floridians Effect), speaking on behalf of Chairman Jim Smith who provided a handout regarding alignment of lanes in the streets which Ms. Anderson distributed. Ms. Anderson stated S.A.F.E. wants to encourage foot power as well as safe motor vehicle transit and urged the Commission to consider S.A.F.E.'s proposal. 6.B.3. Alan Costilo, 3557 Lakeview Drive, Delray Beach, FL 33445 (operates Big Al's Steaks on Atlantic Avenue), thanked the City Commission for the opportunity to present this evening and thanked the City Commission for meeting with him over the last month to discuss the concerns of the downtown Delray Beach restaurants and merchants regarding the promotional events and specifically the food vendors at those events that are going to compete with the restaurants at every event in the downtown. Mr. Costilo requested that all the promotional events consider the Downtown Merchants best interest at each step in the development process and that any adverse effects the event might have in the merchants normal business operations be mitigated or eliminated before the event takes place. He feels their presence should be limited to locations that force the crowds to review all of the downtown restaurant offerings along with theirs. Mr. Costilo proposed that the DDA and the Merchants Restaurant Association work together to create a set of guidelines that will detail every step and rule that the promoters must follow in order to carry on an event in Delray Beach. The promoters must be responsible to develop an event that can be qualitatively analyzed to verify that minimum standards are followed and that any negative business actions be eliminated before the event is performed. 6.B.4. Gerald Franciosa, 939 Eve Street, Delray Beach, FL 33483, requested that Item 8.G., Consent to Assignment of a Valet Parking License Agreement/270 East Atlantic Delray Beach, LLC to Taverna Opa, be pulled from the Consent Agenda to give the Parking Management Advisory Board (PMAB) a chance to discuss it. 6.B.5. Michael Braid, 418 East Atlantic Avenue, Delray Beach, FL 33483 (owner of Oranae Leaf), stated he feels that it is unfair that he is in competition with the City because when key special events are held in the downtown street vendors are taking all the business and making all the money. 6.B.6. Peter Humanik,704 N.E. 5t'` Street, Delray Beach, FL 33483, congratulated the Commission on the $800,000 in savings over a few years in refinancing. Secondly, Mr. Humanik stated the commercialization is squeezing out the locals and kids out of the ball fields. 3 01/07/14 6.11.7. Jule Guaglardi, merchant in Pineapple Grove, invited everyone to the Delray Beach fashion week and announced the finale will be held on the evening of Friday, January 17, 2014. Ms. Guaglardi stated a part of Atlantic Avenue will be closed off in front of the colony hotel with a 40 foot runway and models that will represent 40 stores. Mrs. Gray stated the Sports Destination is here to protect Parks and Recreation and the Little Leagues and sports teams. Mayor Glickstein stated it is a priority of the Commission to reconcile the youth sports and that tournaments and for - profit activities do not supersede the City's recreation leagues. Mayor Glickstein stated it has been communicated to the new Parks and Recreation Director that it is a priority and he apologized for any prior miscommunication. 7. AGENDA APPROVAL. The City Manager stated the applicant has requested a deferral on Item 9.A., Final Subdivision Plat Approval and Waiver Request for 1001 Hibiscus Lane Plat staff requests that Item 9.11., Appeals of Site Plan Review and Appearance Board's SPRA11 Actions /Atlantic Crossin be postponed so that staff can complete its review of traffic study staff was presented with on December 28, 2013 and has not had adequate tirue to conclude that review. Brief discussion between Mayor Glickstein and the City Attorney followed. After brief discussion, Mayor Glickstein stated there is a due process issue and staff expressed concern about a request for more time to review new information. Mr. Frankel stated he understands due process; however, he has an issue with the request for this dated to the Mayor and City Attorney January 6, 2014 from Mr. Zeller. Mr. Frankel stated he also has a document from the Florida Coalition for Preservation dated January 3, 2014 saying "what great news it is that it is going to be deferred." Mr. Frankel stated he would like clarification because he does not feel it is fair to the applicant to have this go out prior to the official request being made. Mayor Glickstein stated as Ms. Pyburn has indicated there has been confusion in particular with the public as to what the protocol is relative to these appeals and when it would be heard. Mayor Glickstein stated he too has received conflicting information both internally and externally. After brief discussion, it was the consensus of the Commission to allow Mr. Ganger to speak. 4 01/07/14 At this point, Mayor Glickstein stated if anyone from the public would like to comment on anything tonight to stand and be sworn in. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to speak this evening. Robert Ganger, Chairman of the Florida Coalition for Preservation located in Delray Beach, stated many of their constituents were up north and the last time they could send out the document was at 5:00 p.m. on Friday, January 3, 2014. Mr. Ganger stated that what the Coalition was saying was true and they did not want people who were coming from a blizzard and freezing temperatures to come all the way to Florida for a meeting that was not going to happen. Mr. Ganger stated he takes full responsibility for it but thought he was doing the right thing and they did not realize the City Commission had to make the final decision on whether or not to defer. Mr. Ganger apologized for creating confusion but he felt the confusion came from confusion. Stanley Price, Attorney representing the applicant, objects to the deferral based on several reasons but the most fundamental is that the City's Code does not require a traffic study. Mayor Glickstein stated he appreciates what counsel has to add but he disagrees with the conclusions because he believes this Commission has wide latitude to review what it feels as does staff. Mayor Glickstein stated there is new information that they determine is germane to a situation he feels with respect to this project (i.e. size, complexity, location, and permanency) he does not see two weeks as prejudice in the applicant. Mayor Glickstein stated he respects the City Attorney's opinion that the City has a due process issue and requested that this item be deferred for two weeks. Mr. Jacquet asked the City Attorney to respond to Mr. Price prior to the Commission proving forward. Ms. Pyburn stated Mr. Price sent her a courtesy letter expounding upon his position for his clients with regards to the traffic study issue. Ms. Pyburn stated she responded to Mr. Price that under the City's Code LDR Section 2.4.7(E), Appeals, it does provide that appeals can be heard "de novo" meaning "brand new." Therefore, Ms. Pyburn stated the City Commission gets the opportunity as if they are the Site Plan Review and Appearance Board (SPRAB) and it does not matter that people have appealed on the basis of a traffic study or otherwise to the extent that an appeal is filed the City has to afford them due process and give them the opportunity to be heard on that appeal in accordance with the City's Code. Ms. Pyburn stated the City Commission has the authority to go forward on the appeals whether it is tonight or at the meeting on January 21St. Ms. Pyburn stated the City receives occasional appeals but very rarely so the process regarding postponing an appeal does not come up very often. Mrs. Gray stated she supports staff and concurs with comments expressed by Mayor Glickstein to delay this item for the next two weeks. 5 01/07/14 Mrs. Petrolia stated when she received news of the postponement she was shocked because it was coming from a source other than the city. Mrs. Petrolia commented about an email she received from the City Manager today. Mrs. Petrolia stated the notice that was sent by the city there were some people (appellants and others) that received notices and some did not. Mrs. Petrolia stated there was a lapse in the notice and this has caused an issue with getting some of the appellant's experts to this meeting. In her opinion, Mrs. Petrolia stated the issue of the appeals scheduled for tonight's hearing should have been ready to go or not placed on this Agenda at all. Mr. Jacquet stated he too is disappointed and feels this should not have been on the Agenda unless staff had all the information they needed. Mr. Jacquet stated this is unfair to the applicant, residents, and the appellants. Mr. Jacquet stated he supports the postponement. Mr. Frankel stated he does not blame staff because they were given things at the last minute but he is troubled by the fact that a report was provided to the City and he did not receive it. Mr. Frankel stated he supports the postponement. The City Manager stated the City would not be in this position if staff did not receive a report two days before they had to produce an Agenda. Mr. Frankel moved to defer Item 9.8., Appeals of Site Plan Review and Appearance Board's (SPRAB) Actions - /Atlantic Crossing to the City Commission meeting of January 21, 2014, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes; Mr. Frankel --- Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel requested that Item S.G., Consent to Assignment of a Valet Parking License Agreement/270 East Atlantic Delray Beach LLC to Taverna OPA be moved to the Regular Agenda as Item 9.A.A. The City Manager stated the applicant has requested a deferral on Item 9.A., Final Subdivision Plat Approval and Waiver Request for 1001 and the appellant has filed an appeal for Item 9.C., Internal Adjustment and Waiver Re uests /St. George to January 21, 2014. Mr. Frankel suggested that these items be moved to the City Commission meeting of February 4, 2014 rather than January 21, 2014. After brief discussion, Mayor Glickstein reiterated that Item 9.A., Final Subdivision Plat Approval and Waiver Re guest for 1001 Hibiscus Lane PIat, Item 9.A.1., Waiver Request for 1001 Hibiscus Lane, and Item 9.C., Internal Adjustment and Waiver Requests /St. Georee are deferred to February 4, 2014 subject to the City Attorney's determination that it is permissible. 6 01/07/14 Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Petrolia -- Yes; Mr. Jacquet — Yes; Mr. Frankel Yes; Mrs. Gray — Yes; Mayor Glickstein — Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. S.A. REQUEST FOR A SIDEWALK DEFERRAL /951 MCCLEARY STREET: Approve an agreement to defer installing a sidewalk along McCleary Street for the property located at 951 McCleary Street. B.B. RESOLUTION NO. 02 -14: ABANDONMENT OF AN ALLEYWAY/ FREDERICK BOULEVARD: Approve Resolution No. 02 -14; abandonment of a portion of the north -south alleyway lying west of Frederick Boulevard, approximately 50 feet south of Avenue "H" in conjunction with the property located at 2910 Frederick Boulevard. The caption of Resolution No. 02 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE NORTH/SOUTH ALLEY RIGHT -OF -WAY LOCATED WEST OF AND ADJACENT TO THE PROPERTY AT 2910 FREDERICK BOULEVARD, BUT RESERVING AND RETAINING TO THE CITY A GENERAL UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 02 -14 is on file in the City Clerk's office.) B.C. SERVICE AUTHORIZATION NO. 12- 03/WANTMAN GROUP. INC.: Approve Service Authorization No. 12 -03 to the Wantman Group, Inc. in the amount of $79,725.00 for professional engineering services in the design of Replacement of Force Mains at System 58A and 87 Force Main Replacement project. Funding is available from 442 - 5178 -535 -53.88 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Force Main Replacement). S.D. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AWARD/RENTAL AND HOMEBUYER DISPOSITION SERVICES VENDORS: Approve multiple bid awards for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program in regards to RFQ 02- 2014NS. 7 01/07/14 S.E. RESOLUTION NO. 01 -14: Approve Resolution No. 01 -14 encouraging the Florida Legislature to adopt and Governor Rick Scott to support legislative changes allowing for local regulations prohibiting smoking on playgrounds. The caption of Resolution No. 01 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT AND GOVERNOR RICK SCOTT TO SUPPORT LEGISLATIVE CHANGES ALLOWING FOR LOCAL REGULATIONS PROHIBITING SMOKING ON PLAYGROUNDS; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 01 -14 is on file in the City Clerk's office.) S.F. RESOLUTION NO. 03 -14: Approve Resolution No. 03 -14 supporting legislation requiring FEMA to complete the National Flood Insurance Program Affordability Study and supporting all legal actions filed by the State regarding same. The caption of Resolution No. 03 -14 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING LEGISLATION THAT REQUIRES FEMA TO COMPLETE THE NATIONAL FLOOD INSURANCE PROGRAM AFFORDABILITY STUDY AND SUPPORTING ALL LEGAL ACTIONS FILED BY THE STATE REGARDING SAME; PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 03 -14 is on file in the City Clerk's office.) S.G. THIS ITEM HAS BEEN POSTPONED TO THE REGULAR AGENDA AS ITEM 9.A.A. S.H. PROCLAMATIONS: 1. National Stalking Awareness Month — January 2014 2. Martin Luther King, Jr. Day — January 20, 2014 S.I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards 8 01/07/14 for the period December 9, 2013 through January 3, 2014. 8.J. AWARD OF BIDS AND CONTRACTS: 1. Award to Air Liquide Industrial U.S. LP in the amount of $88,000.00 for the purchase and delivery of liquid carbon dioxide (CO2) for use at the Water Treatment Plant (WTP) in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (C) (7) (c), "Utilization of Other Governmental Entities' Contracts ". Funding is available from 441 - 5122 - 536 -52.21 (Water and Sewer Fund: Operating Supplies /Chemicals). 2. Bid Award to Atlantic Refrigeration in the estimated amount of $57,732 to provide service, repairs, and preventive maintenance on various air conditioning systems throughout the City in compliance with Ordinance No. 29 -13, Chapter 36, "Acquisition of Goods and Services and Disposal of City Property ", Section 36.02 (A), "Sealed Competitive Method ". Mr. Frankel moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A.A. CONSENT TO ASSIGNMENT OF A VALET PARKING LICENSE AGREEMENT /270 EAST ATLANTIC DELRAY BEACH, LLC. TO TAVERNA OPA: Approve Consent To Assignment of a Valet Parking License Agreement from 270 East Atlantic Delray Beach, LLC. to Taverna Opa. Scott Aronson, Parking Facilities Manager, stated the valet queue on the 200 block of East Atlantic Avenue was held by 270 E. Atlantic Delray Beach, LLC., d/b /a 75 Main which has closed and the restaurant has been purchased by Taverna Opa. Mr. Aronson stated the Consent to Assignment of that valet queue was signed off by the owner of 75 Main to Taverna Opa. Mr. Aronson stated a Consent to Assignment is done when restaurants change hands and the valet did operate while the restaurant was closed because there are validation agreements with neighboring restaurants so for the public good the valet has been operating while the transition in place. Mayor Glickstein asked if this is the policy. Mr. Aronson stated the license states that operation needs to run a fall twelve (12) months of the year and there was a transitional period where Cugini Grille transferred to 75 Main while the restaurant was in transition the valet operator continued. 01/07/14 Mrs. Gray asked if there was no license at that particular time and commented that if the agreement was there and they were not paying it she feels they would have lost their license. Mr. Aronson stated the City is named as Certificate Holder and additional insured on the insurance policy so had the insurance been cancelled the City should have been notified so the insurance for the valet queue was still in place. Mr. Aronson stated 75 Main was doing business as (d/b /a) another corporation. Mrs. Gray asked what type of agreement the City had with who was operating the queue at the time. Mr. Aronson stated the valet queue was operating under the same agreement. Mr. Frankel asked if the Parking Management Advisory Board (PMAB) review this. Mr. Aronson stated Consent of Assignments have always been under the City Manager's approval so it has never been a PMAB item. Brief discussion between Commissioner Frankel and Mr. Aronson followed regarding the last PMAB meeting which was held November 26, 2013 with no meeting in December. Mr. Aronson stated he received a Consent to Assignment provided to him from the valet operator; not the owner of the restaurant. Mr. Frankel expressed concern that a restaurant that has not been in business for over three (3) months has the ability to do this. Mr. Aronson stated the valet operator that was operating under 75 Main's valet license agreement continued to operate at that time that they closed. Mrs. Gray asked why this was allowed be done. Mr. Aronson stated because it is more of a public service; the neighboring valet queue are required to take all comers so just closing down the valet queue is a dis- service to those that frequent the valets and the surrounding area. Mrs. Gray asked for clarification with regard to the purpose of the parking valet was to move traffic off Atlantic Avenue. Mr. Aronson stated the parking valet was to provide a service to those in the area to add to the parking inventory. Mrs. Gray asked if these valet queues are only assigned to restaurants. Mr. Aronson stated other businesses are eligible but restaurants are the only ones that have ever applied. Mr. Aronson stated he never received a letter from Vic and Angelo's on their letterhead requesting to assume operations of the valet queue when 75 Main had closed. Mrs. Petrolia stated the City has had that restaurant out of business for several months and now that it is going to be transferred to the business that is right in front of this parking queue which seems to her to be the business that should take over this as they are getting ready to start is suspicious to her. 10 01/07/14 Mr. Aronson stated the parking lot that the valet used for 75 Main was transferred and leased to Taverna Opa. Therefore, Mr. Aronson stated as of December 1, 2013, the valet operator no longer has a parking lot to park the cars in. He stated the owner of the restaurant (the building that 75 Main is in) owns the parking lot that was being used to park the vehicles for the valet queue. Mrs. Petrolia stated she supports the City's position to contract with the new owner in assigning them the Valet Parking License Agreement and if it is found that the earlier agreement needs to be cleaned up as she has heard there are some issues with it this should not hold up the process. Mrs. Petrolia stated as she has heard over and over again to make sure that business owners know this City is open for business. Mrs. Petrolia stated if there is an issue with the current valet and the new restaurateur she feels that is between them not the City. Corey (last name unknown), representative from Vic and Angelo's, 290 East Atlantic Avenue, Delray Beach, FL 33444, stated in September 2013 the restaurant 75 Main was closed down and Vic and Angelo's, City Oyster, and other businesses on the 200 block needed a continuation of valet services to serve the customers. He stated they submitted a Consent for Assignment indicating that they wanted to operate the valet queue at the 200 block. Sophia Theodore, her father is the owner /founder of Taverna Opa, stated she has been working very closely with Mr. Aronson, Janice Rustin, Assistant City Attorney, and Mr. Chapman and used their guidance throughout this entire process. Ms. Theodore entered handouts into the record regarding the valet queue. Mayor Glickstein stated staff made a mistake to allow the current operator to continue operating as a valet. Brief discussion between staff and the City Commission continued. Mr. Jacquet thanked everyone for being present this evening. Mrs. Gray stated she agrees with staff's recommendations with regard to the payments of the checks down to the business signing this contract; however, she asked if there is a reason why at the time the City accepted the check that they did not know that it was not the right party. Mr. Aronson stated upon allowing the valet to continue to provide the service the payments needed to be made so the valet operator was operating at the time in good faith and paid for the months that were in the rears (October, November, and December). Mr. Aronson stated he was informed this afternoon that payment of that check was stopped. Mr. Jacquet stated he applauds the valet operator for stepping in and taking care of those months where the City could have had no valet queue. 11 01/07/14 Mr. Frankel stated while there were comments expressed that the City needs to welcome businesses to our community he feels the City also needs to take care of the businesses that have been in our city. Mr. Frankel stated this sends a poor message to Vic and Angelo's and unveils to him that there are much bigger issues going on. The City Manager agreed with comments expressed by Commissioner Frankel that there are much bigger issues going on. After brief discussion, Mrs. Petrolia moved to approve to assign the Valet Parking License to Taverna Opa, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Frankel — No; Mrs. Gray — Yes; Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet — Yes. Said motion passed with a 4 to 1 vote, Commissioner Frankel dissenting. 9.A. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR MEETING OF FEBRUARY 4, 2014. 9.A.1. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY COMMISSION MEETING OF FEBRUARY 4, 2014. 9.B. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY MEETING OF JANUARY 21, 2014. 9.C. THIS ITEM HAS BEEN DEFERRED TO THE REGULAR CITY MEETING OF FEBRUARY 4, 2014. 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: 10.A. ORDINANCE NO. 36 -13: Approve an amendment to Chapter 51, "Garbage and Trash ", Section 51.70, "Regular Charges Levied ", to provide for decreased residential collection service rates for the remaining FY 2014. The caption of Ordinance No. 36 -13 as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED ", TO PROVIDE FOR DECREASED RESIDENTIAL COLLECTION SERVICE RATES FOR THE REMAINING FISCAL YEAR 2014; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 12 01/07/14 {The official copy of Ordinance No. 36 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 36 -13, the public hearing was closed. Mrs. Petrolia asked if this is being done retroactive. The City Manager stated the vendor is working on this to see if this can be accomplished. Milena Walinski, Interim Finance Director, stated City staff cannot do this because of the way the software program is written; however, SunGard provided a quote for $3,200. Mrs. Gray inquired how much this will cost per household. Ms. Walinski stated it will be approximately $10.00. Mr. Jacquet stated if it is going to cost the City $3,200 to get $360,000 back to the residents he feels it is well worth it to give some of these taxpayers some of their monies back that has been collected over the years. Mr. Jacquet moved to adopt Ordinance No. 36 -13 on Second and FINAL Reading, seconded by Mrs. Petrolia. 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. 10.B. ORDINANCE NO. 37 -13: Approve an amendment to Chapter 31, "City Officials and Employees ", of the Code of Ordinances by repealing Section 31.05, "City Attorney; Qualifications ", in its entirety. The caption of Ordinance No. 37 -13 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES ", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING SECTION 31.05, "CITY ATTORNEY; QUALIFICATIONS" IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 13 01/07/14 (The official copy of Ordinance No. 37 -13 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Glickstein declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 37 -13, the public hearing was closed. Mrs. Petrolia moved to adopt Ordinance No. 3713 on Second and FINAL Reading, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor Glickstein — Yes; Mrs. Petrolia — Yes; Mr. Jacquet Yes; Mr. Frankel — Yes; Mrs. Gray -- Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:39 p.m., the Commission moved to Item 9.1). of the Regular Agenda. 9.1). REQUEST FOR IN -LIEU PARKING SPACES /235 NORTH SWINTON AVENUE: (Quasi- Judicial Hearing) Mayor Glickstein read the City of Delray Beach Quasi - Judicial rules into the record for this item. Mayor Glickstein noted that the City Clerk has already sworn in all the witnesses earlier in the meeting. Mayor Glickstein asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Scott Aronson, Parking Facilities Manager, stated 235 North Swinton Avenue is formerly a two -story residential unit set back from the right -of -way 40 feet or so. Mr. Aronson stated a Class V site plan modification has been submitted for the conversion of the residential unit to an office and it is in the OSSHAD (Old School Square Historic Arts District) which is Area 3 of the in -lieu program. The spaces are $7,800 each and the required parking for the conversion of use is seven (7). Mr. Aronson stated they are able to provide four (4) parking spaces on -site which include one handicapped parking space. Therefore, Mr. Aronson stated the applicant is requesting the purchase of three (3) in -lieu parking spaces for a total fee of $23,400 and 50% of the in- lieu payment upon remittance of the an executed agreement and two additional payments of 25% on the second and third anniversaries of the agreement. Mr. Aronson stated the in -lieu program is noted in the Comprehensive Plan and is also identified in the LDRs and is a way to preserve the area and the neighborhood and retain uses of those properties. The Community Redevelopment Agency (CRA) had some concerns about the in -lieu of parking. Mr. Aronson noted that the Old School Square Garage is approximately two blocks away and there is also parking on N.E. Vt Avenue. Mr. 14 01/07/14 Aronson stated staff does not feel that the approval of this in -lieu request would be a detriment to the neighboring area because there is no on -street parking in those areas. Staff recommends approval. Michael Weiner, Attorney with Weiner & Lynne, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (representing the applicant), stated they adopt the staff report. There was no cross - examination or rebuttal. Mrs. Petrolia asked why the CRA did not support this. Mr. Aronson stated his understanding was they did not feel there was enough parking. Mrs. Petrolia stated when she met with Mr. Aronson yesterday they talked about in -lieu parking and she asked how many in -lieu spaces has the City sold in this area and what kind of parking do we have to support those. Mr. Aronson stated there has been a considerable number of in -lieu spaces but he does not recall any along Swinton Avenue; there is a handful in the OSSHAD but are somewhat spread out. Mr. Aronson stated the catalyst for recommending approval is usually nearby parking and whether or not the use can support it. Mrs. Petrolia stated they do not really know how many in -lieu spaces have been sold in this area and do not know how many spaces are available. Mrs. Petrolia stated she understands there is a parking garage there so it is probably capable of handling this but in other parts of town there are not parking garages. She expressed concern that the City is doing this on a one -time basis. Mrs. Petrolia stated she would like to understand the number of in -lieu parking spaces that the City has, how many in- lieu spaces the City has sold, and also the idea of it being a one -time shot (feels this is going to be something used by that business every year). Mrs. Petrolia feels this is something to figure out if there is a better way of doing this so that the City does not oversell in certain areas that cannot handle it. Mr. Aronson stated staff will have the information at the Workshop meeting. Mr. racquet concurred with comments expressed by Commissioner Petrolia. Mr. Aronson stated the majority of in -lieu over the years has been restaurants and the parking spaces they will be using are during the day; not evening spaces. Mr. Aronson stated when it comes to the conversion to restaurant request those are looked at a lot more closely because there is a much more parking utilization in the evenings especially weekends. Mr. Aronson stated with respect to a conversion to office where the use is daytime he is confident that with the parking municipal system in addition to the Banker's Row lot, it is not going to negatively impact the surrounding area. 15 01/07/14 Mayor Glickstein asked if this goes with the use or the property. Mr. Aronson stated it goes with the property; however, if the use were to try to change to restaurant it would then need more than three (3) spaces because the requirement is one (1) parking space per 300 square ft. Mr. Jacquet expressed concern over the parking spaces in the Old School Square (OSS) Garage. Mr. Aronson reiterated that the applicant will provide for four (4) parking spaces in the front of the building which will be shielded by landscaping; the garage parking would be for their employees leaving the four (4) spaces in front of the building for the attorney's clients. Brief discussion continued between Commissioner Jacquet and Mr. Aronson. Terrill Pybum, Interim 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 in -lieu parking spaces, 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. FIRST READINGS: A. None. 12. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 12.A. City Manamer The City Manager stated the bond ratings continue to go up; the City's Utility Tax Bond rating went from "Al" to "Aa3" and reaffirmed that the General Obligation (GO) Bond rating is "Aa2." 12.B. City Attorney Terrill Pyburn, Interim City Attorney, had no comments or inquiries on non - agenda items. 12.C. City Commission 12.C.1. Mr. Frankel 16 01/07/14 Mr. Frankel stated he would like a copy of the traffic report regarding Atlantic Crossing. Secondly, Mr. Frankel stated the homeless issue in the city is the worst he has ever seen. Lastly, Mr. Frankel stated with respect to Item 9.A., Request for Deferment at the December 10, 2013 City Commission meeting the applicant was adamant in going forward and commented on Mr. Halberg's comment that he posted regarding the ugly politics in Delray Beach. Mr. Frankel asked if it was a decision by the majority of the Commission to defer it to today's date based on Mr. Colnon's request and why is it not ugly for him to make the same request. Mr. Frankel asked that the applicant be prepared to answer that question at the February 4, 2014 City Commission meeting. Mr. Frankel entered Mr. Halberg's comment into the record with the City CIerk and requested that if Mr. Halberg is going to make accusations of the Commission that he too be held to the same standards. 12.C.2. Mrs. Gray Mrs. Gray wished everyone a Happy New Year and stated First Night was excellent. Secondly, Mrs. Gray stated at the plaza on S.W. 5t1' Avenue at night there are a lot of people in the park and asked the Police Department to monitor it more closely. Mrs. Gray asked when the beach pavilion will be completed. The City Manager stated this will be completed around mid - February. Mrs. Gray stated the Sports Destination has been protecting the City's fields and venues. Mrs. Gray stated this has always been the number one goal of the Commission. Lastly, Mrs. Gray asked when the property on S.W. 8"' Avenue with the CRA will be completed. The City Manager stated this is being worked on. 12.C.3. Mrs. Petrolia Mrs. Petrolia stated it is important to preserve the look of the downtown and feels the city needs to find a way to accomplish this. Mayor Glickstein stated he requested that all the Commissioners be interviewed by Treasure Coast Regional Planning Council (TCRPC) individually and suggested that Mrs. Petrolia talk to them at that time on how to address her concerns. 17 01/07/14 Mrs. Petrolia stated the City has had letters with regard to the bid protest, and asked what procurement rules they are going to be following (Business Loan of the Palm Beaches). The City Manager stated they would be following the new procurement rules. Mrs. Petrolia stated First Night was amazing and thanked staff and Delray Beach Marketing Cooperative (DBMC) for making the event so great. In addition, Mrs. Petrolia commended the cleanup crews for coming together in making the event successful and it made the City shine. Mrs. Petrolia stated she has received some complaints about certain individuals in the Building Department (not customer service or the front desk) who are difficult to deal with and will provide the City Manager with more details on this. Mrs. Petrolia stated the new equipment for the beach was supposed to be there on December 21, 2013. She asked when that is going to happen since the date has passed. The City Manager stated the City has a plan with the vendor to bring new equipment in and it will done when the new Parks and Recreation Director starts. The City Manager stated the equipment will be a system where they will catalog what they put in and when they put it in. Lastly, Mrs. Petrolia welcomed Terrill Pyburn, Interim City Attorney. 12.C.4. Moor Glickstein Mayor Glickstein stated on the Consent Agenda he had requested that when there is an award or bid that staff state the ordinance by which it was approved and that has been done. However, Mayor Glickstein stated he also requested that the actual RFP number be included so that the Commissioners know that when they are looking at an award or bid they can refer to a specific RFP or bid knowing they do not have to ask: (1) Was it bid, and (2) Under what particular ordinance was it approved (i.e., something for professional services, etc.). Secondly, Mayor Glickstein stated pursuant to the Quasi - Judicial rules he requests that the plat of the Grove of Lake Ida come before the City Commission not as a Consent Agenda item but as a Quasi - Judicial Hearing to avoid having to move it from the Consent Agenda to the Regular Agenda so the item can be fully vetted and people have an opportunity to speak directly on it as opposed to public comment. Mayor Glickstein stated when the Parks and Recreation Director starts that the City Manager work with her in terms in coordinating the recreation league and Sports Destination so that she understands that this is a priority. With regard to comments expressed about the food trucks, Mayor Glickstein concurred that it is unfair for food trucks to sell the same food item as the restaurateurs and suggested that the City can be more select on who they allow to come in 18 01/07/14 so that the restaurateurs are not directly competing with the food trucks. Mayor Glickstein stated he concurs with comments expressed by Mr. Costilo in working with the DDA and the Delray Merchants Association (DMA) to come up with a solution and believes the City should help them facilitate something. Furthermore, Mayor Glickstein expressed concern that the businesses are paying rent and taxes and the food trucks come in with no health certifications and leave town with cash and he feels this is not right. Lastly, Mayor Glickstein stated with respect to the staff positions that are being filled he understands from the recent schedule the City Manager provided that late February /1" week of March is when he hopes to have these positions filled. The City Manager confirmed that this is on schedule. 12.C.5. Mr. Jacauct Mr. Jacquet stated a few months ago he asked the City Manager about the parking passes for the City Commission because sometimes the Commissioners have meetings at a coffee shop or restaurant and he feels that the Commission should be able to meet with constituents or business owners downtown and not have to worry about receiving a parking ticket. He asked the City Manager to please look into this for the Commission as soon as possible. Secondly, Mr. Jacquet stated he has spoken to the City Manager and the Commission numerous times on the renaming of a particular segment of street. However, Mr. Jacquet stated the issue he brought up since he was elected has not been on the Agenda yet. Mr. Jacquet requested that this item be placed on the next Agenda or discussed at a Workshop immediately. Mr. Jacquet stated if we are taking time away from the local kids to be able to play on the fields because of some private company that is wrong. However, Mr. Jacquet stated he does not know enough about the issue to say that it is in fact happening or not. With regard to the special events downtown, Mr. Jacquet stated he disagrees with his fellow Commission member who expressed concern that it is unfair to businesses downtown to allow people with food trucks to sell food downtown during special events. Mr. Jacquet stated he supports the food trucks to sell food (i.e. hot dogs, burgers, etc.) downtown during these special events because he feels it is unfair to those people who cannot afford to pay $150 a plate on New Year's Eve. Mr. Jacquet thanked Mr. Barcinski for the countless hours of work he has done not only on First Night but for all the downtown events and stated this city is grateful for his service. Lastly, Mr. Jacquet welcomed Terrill Pyburn as Interim City Attorney and stated she did an excellent job this evening. 19 01/07/14 With regard to the restaurants downtown, Mayor Glickstein stated he agrees that the cost is an issue for a lot of people; however, he believes that the restaurant owners do not want to have to compete against food trucks that are selling the same kind of food (i.e., the owner of Big Al's does not want a cheesesteak truck down the block competing against the business selling cheese steaks and the owner of Orange Leaf did not want a frozen yogurt truck selling frozen yogurt down the block). Mayor Glickstein concurs with comments expressed by Mr. Costilo to allow the DDA and the Delray Beach Merchants (DMA) to work together and try to craft a solution that works for everybody. There being no further business, Mayor Glickstein declared the meeting adjourned at 8:14 p.m. City Clerk ATTEST: e<'49 AYOR 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 January 7, 2014, which Minutes were formally approved and adopted by the City Commission on January 21, 2014. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 20 01/07/14 IN THE CITY COMMISSION CHAMBERS OF THE CITY QF DEL.RAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA. IN LIEU PARKING FEE REQUEST FOR 235 N. 'SWINTON AVENUE 1, This in 116u parking: foe request for the purchase of 2 parking spaces' in- lieu has come before the City Commission on January y, 22014_ 2: The Applicant and City staff presented documentary evidence and testimony to the Ci y Commission pertaining to the in lie, u parking fee request for 235' N: Swinton Avenue. All of the evidence is a. part of the record in this: case, Required findings are 'made in accordance with Subsection 1 1. IN LIEU PARKING FEE; Pursuant to LDR Suction 4.6.9(E)(3); when additional parking is required due to expansions of Use to an . existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of'' an in lieu fee rather than provide the required parking. In the case of expansions of use; no existing parking spaces may be eliminated_ Does the In Lieu Parking' Fee request for the purchase of 2 parking spaces in -lieu meet the requirements of LDR Section 4.6.9(E)(3) ,and the conditions, if any, Listed below? i$11,700.00) upon execution of the Agreement,_ 25% ($5,850.00) on the 2nd anniversary and 25% {$5.850.001 on the 3rd anniversary of the Agreement... Yes. V No 3. The City Commission: hereby finds that the. In Lieu Parking Fee Request meets the requirements of 4.6:.9(E )(3) of the Land Development, Regulations, with the conditions. listed above, if any, and the City Commission has applied the City Commission Meeting on January 7, 2014; Item 9.D. Comprehensive Plan. and finds that :its determinations set forth in this Order are consistent with the Ccimprehensive Plan and Land bevelopment: Regulations.. 4. The City Commission finds there.. is ample and competent substantial . evidence to s: upport its findings in. the record submitted and 'adopts the facts contained in the .record including. but not. [invited to the staff reports.., testimony of experts and other competent; witnesses supporting these findings, .5. Based on the entire record before it, the City Commission, approves denies the fn lieu parking fee request as set forth :above 6_ Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of" ;January, 2014, by a vote of 5 1 favor, and 0 opposed. TTES - ary CD'. li ste)rr,- ayor Chevelle Nubih, City Clerk 2. Ciiy Commission Meeting on January 7,2014; Item 9.D.